Appendix — New York State Dept. of Social Servs. v. Dublino

Supreme Court brief1973

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FEB 20 197:

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MICHAEL RODAK,

APPENDIX

IN THE

S$ | preme Court of the United States

October Term, 1972

’

Nos. 72-792, 72-802

Appellants,

DOLORES DUBLINO, DORIS JIMERSON, VIRGINIA MICHAEL,

JANIE LEE PHILLIPS, and MARIA MARFOGLIA, on behalf

of themselves and their minor children,

Appellees.

Onondaga County Department of Social Services and its

Commissioner, JOHN L. LASCARIS,

Appellants,

ORES DUBLINO, DORIS JIMERSON, VIRGINIA MICHAEL,

ANIE LEE PHILLIPS, and MARIA MARFOGLIA, on behalf

of themselves and their minor children,

Appellees.

On APPEAL FroM THE Unrrep States District Court

FoR THE WesteRN District or New York

Filed November 29, 1972 and December 1, 1972

Probable Jurisdiction Noted January 15, 1973

SATAVIA TIMES, LAW PRINTERS,

BATAVIA, B. 1. =

INDEX TO APPENDIX.

“ Docket OE ay ACRE IER OE ea Shs eae

Complaint EERE ETO St eS EEE

Decision Granting Motion for Class Action and Or-

» dering Convening of a Three-Judge Court .......

sei on Behalf of State Defendants ............

Exhibits Attached to Answer:

A—Chapter 102 of the Laws of 1971 ........

B—Administrative Letter No. 71 PWD—34,

dated May 13, 1971, from George K. Wyman,

Commissioner, to Commissioners of Social Ser-

VICES ni05% ahs < Bi mo SPOR Rice «tn nn bn 5 As wae

_ + C—Administrative Letter No. 71 PWD—43,

dated June 9, 1971, from George K. Wyman, Com-

missioner, to Commissioners of Social Services .

D—Administrative Letter No. 71 PWD-52, dated

June 28, 1971, from George K. Wyman, to Com-

missioners of Social Services ..................

Exhibit 1—Certification for Reinstatement of

Public Assistance Grant 6c4 66s esos boc dss dak

aa E—Chapter 101 of the Laws of Wi

June 15, 1971,. from, George K.. Wyman, Com-

— _Missioner, to Commissioners of Social Services .

a Exhibit “1—Notice of Failure to Report or

~~. Continue to Participate in Public Work Project

_. Exhibit 2—Monthly Report of Work Relief

chen dopamitias cc... SCE EEO SR aa

Exhibit 3—Quarterly Report of Public Works

ne, cen sa EEE C8 PS BOR ae oe Sees Ce ae OD See

_ F—Administrative Letter No. 71 PWD-48, dated.

aq p. He

G—Departmental regulations filed with the

a of State of the state vd New York on duly

Notice of . Argument of, Motion. to, Intervene As a

_. Defendant...,...,.. 53

_ Motion to Intervene. rer Defendant '

Answer on Behalf of Intervenor, Onondaga County

Department of Social eee and its ‘Commissioner,

John L. Lascawis::. oes i sis ii- Ebd. ced yale ee dee.

Exhibits Attached to Answer—The Exhibits referred

‘to in the answer are exactly the same as those

‘Exhibits aitached' to the answer heretofore filed by

. “the New York State Department of Social Services

Order Temporary Reams Order dated Anges 6,

IGM OWS 1. at. . aS. eileen...

Order: — Restraining Order dated ~— 8,

» SOT on bsind. (hbase ead ZS TEEDIG TG. AOI SS i.

Notice ‘ of ‘Order Granting, pre to. sabato

Order Granting. Leave to Intervene | :

_ Stipulations of Fact hd atads i ep concn deinsina=

List of Exhibits

Letter Objecting to’ Certain Exhibits

“Exhibit 2A—Laws of New York—By oom —

typ BOF 2B 2. sei ta enence select Ek magne de

Excerpts from Deposition. of Herbert simon and

Nelson Hopper

Excetpts from Deposition’ of Philip Pinsky

“Excerpts from Deposition of George Demmon

Excerpts. from Deposition of Edward mnaipe ee

: Excerpts from Deposition of Jule Sugarman —

Answer of State. Department of Social ‘Services to

Plaintiffs’ Interrogatoties .......... Sse anh ae v=

' Memorandum ‘dated Enegater 1 . ‘I97 seeees Be: ae i

“

yal MiG +a 5

5 Sin pire lS Ni i old tes ip eg ae Se ee ee ae oe een

Liter dated November 11, 1971 ..........2......

3 Sicinetnndem dated December 20, 1971 ............

Answer of Erie County to Plaintiffs’ Interrogatories

_ Opinion of the Court dated duly 28. 1972 ...........

‘Order of WE Re oo Sp kaise vnc s bcs

Order and Judgment dated Amgua 25. 1972.........

Motion to Amend Order .........................

‘Wotice of Proposed Order ........................

I iui

_ Proposed Amendment to Proposed Order ..........

_ Order dated October 18, 1972 Amending Prior Order

_ Notice of Appeal of State PN ee a

“Notice of Appeai of Erie County Defendants ...%.

_ Notice of Appeal of Onondaga County Appellants

ad peed fmeary 15, 1973 .....:... 2.

Docket Entries.

Civil Docket

UNITED STATES DISTRICT COURT

Civil 1971-306

Jul 1-71 Filed Complaint (Class Action Motion Grant-

d 8/6/71.)

Jul 1-71 Filed Pitfs’., Motion for leave to serve com-

pat and related motions.

— Jul 1-71 Filed Order appointing process server-Curtin,

- Wl 1-71 Filed Pitfs'., Motion for leave to file in forma

: “Jul I-71 Filed Order granting leave to file in forma

pauperis—Curtin J.

. Jul 1-71 Filed Order to Show Cause for Temporary

‘Restraining Order, etc.—Curtin, J. ret. 7/2/71—Granted to

‘named Pitts.

. Jul 1-71 JS 5 made only—motion to convene 3 Judge

on & Motion for class — V9IT1.

oy 2-71 Filed Affidavit of Michael A. O'Connor.

1 9-71 Filed Order granting Pitfs’ motion and Tem-

; Restraining QOrder—Curtin, J.

2 | 19-71 Filed Affidavit of State Defts. in Opposition to

p elim inary injunction and to convening of three-judge

* i °

1 9-71 Filed Pitfs' Affidavits of Service-Show cause

ter and summons & complaint served 7/1/71 on N. Y. S.

Docket Entries.

Atty. General and Dept. of Industrial Relations, George G.

Sipprell and Fred Diseaglio.

Jul 9-71

~ Jul 9-71

Jul 9-71

Jul 14-71

Filed

Affidavit of Mary Archambault.

Affidavit of Rose Bellegia.

Affidavit of Dock Daniels.

Affidavit of Ralph Emerich.

Affidavit of Doreen Guest.

Affidavit of Walter Kurkoski.

Affidavit of Constance McNair.

Affidavit of Mildred Prim.

Affidavit of Reyes Rodriguez.

Affidavit of Minerva Romera.

Affidavit of Ida Mae Watts.

Affidavit of Linda Wilson.

State Defts.. Motion to dismiss com-

plaint—ret. 7/16/71.

Jul 16-71 Filed

Jul 19-71. Filed.

Jul 21-71 Filed

Affidavit of Dennis R. Yeager.

Affidavit of James C. Meagher.

Affidavit of Wilbur B. Pittinger, Jr.

Jul 9-71 Motion for class action & motion by Deft., for

judge court-briefs t6 be submitted by

Jul 16-71 Motion by

Pitf. 7/14/71-adj.

Pitfs. for class action glec. resvd.

Motion by Pitfs., for temporary restraining order to apply to

all members of the class-decision reserved.

z 3

oe Docket Entries.

Sul 26-71 Filed Affidavit of Michael A. O’Connor.

+ Jul 26-71 Filed Temporary Restraning Order—Curtin.

" Aug 2-71 Filed Pitfs’., Notice to Produce.

Aug 4-71 Filed Affidavit of Service of Michael A.

O'Connor.

_ Aug’4-71 Filed Affidavit of Service of David M. Klein.

_ Aug 4-71 Filed Affidavit of Robert D. Kolken.

: Aug 4-71 Filed Affidavit of Gloria J. McFarland.

ae Aug 4-71 Filed Temporary Restraining Order—Curtin

_F (notice & copy of Jean Coon & Mr. Casey).

Aug 6-71 Filed Pitfs’. First Interrogatories to Defts,

New York State Department of Social Services, George K.

Wyman, Erie County Department of Social Services and

George G. Sipprell.

Aug’ 6-71 ‘Filed Pitfs’. First interrogatories to Defts.

New York State Department of Labor and Louis L. Levine.

see

Aug 6-71 Filed Pitfs’. Affidavit of Service.

_ Aug 6-71 Filed Decision & Order denying Defts.

‘Motion to dismiss complaint; granting Pitfs. motion for class

on; directing Defts. to post notices in appropriate form;

esting the convening of a three-judge court and denying

- motion for a%emporary restraining order with respect

W each member of the class—Curtin, J. (copy given to Mr.

¥onnor) (notice & Copy to Messrs. Yeager, Coon & Gam-

g 6-71 Filed Affidavit of Douglas A. Eldridge.

' g 6-71 Filed Temporary Restraining Order—Curtin,

Docket Entries.

Aug 9-71. Filed . Affidavit of John-Edgar re James More.

Aug 9-71. Filed Affidavit. of John..Edgar re Stan

Fleming.

Aug 9-71 .Filed.« Affidavit:of John Edgar re Robert.

Allen.

Aug 9-71 Filed Affidavit of Harriet Rose.

Aug 9-71. Filed. Temporary Restraining Order—Curtin,

Aug 10-71 Filed Pitfs’. Notice of Deposition.

Aug 10-71 Filed .Pitfs’. Affidavit of Service.

Aug 11-71. Filed Designation of Judges-Kaufman, Act

ing Chief Judge-CCA (notice to order of 12/21/71 & copy to

Messts. O'Connor, Yeager, Gambacorta and Jean Coon).

Aug 23-71 Filed Pitf's.. Affidavit.in Support of In-

tervention.

Aug 23-71 Filed Temporary Restraining Order-Curtin,

Aug 24-71. Filed . Pitf's, Affidavit of Service.

Aug 26-71. Filed Deft., New York State, Answer.

Aug 27-71 Filed Pitfs’. Notice of Deposition & Af-

fidavit of Service. ©

"Sept 1-71 Filed. Pitfs’. Notice of Deposition of Deft.

NY State Dept. of Social Services through Joseph Fitz-

simmons. _,

Been 1-71 Filed Pitfs’. Notice of Deposition of Deft., N.

Y. State Dept. of Social Services thru Francis G.*Schreck.

Sept 1-71 . Filed) Pitfs’. Notice of Deposition of Deft.

NY State Dept. @f Labor.

Docket Entries.

Sept 1-71. Filed. Pitfs'’. Notice of Deposition of Deft.,

“Erie County Dept. of Social Services.

-=)Sep 3-71 Filed Affidavit of Harold H. Levene (copies

fo. Jean. Coon, Messrs. O'Connor, Gambacorta & Nathanson

- er request contained in Itr. of Pitfs’. Atty. Dtd. 9-2-71).

Sep 3-71 Filed Temporary Restraining Order—Curtin,

J. (notice & copy to Jean,Coon, Messrs. O’Connor, Gam-

“pacorta & Nathanson).

E fep 3-71 Filed Intervenor’s Notice of Argument &

“Motion to Intervene as a Defendant-ret. 9-17-71-Granted.

Sep 13-71 Filed . Pitfs’. Supporting Affidavits, Exhibits

& Order to Show Cause for Contempt of Court for failure to

ober "eal 9-17-71-Denied; Motion for damages-

E sep 16-71 Filed Defts., New. York State, Affidavit in

“Opposition to Motion to punish for contempt.

p 16-71 Filed Defts.. New York State, Affidavit in

rt of Motion to intervene as defendant

17-71 Filed Pitfs’. Affidavit of Service.

17-71 Filed Pitfs’. Affidavit of Douglas A.

ae 17-71 Filed Deft., piney Affidavit in : op.

abs. i.

ep 22-71 Filed Pitfs’. Affidavit re JoAnn Scott &

‘a Bornatimer.

22-71 Filed Temporary Restraining Order re

n Scott & Clara Bornatimer-Curtin, J.

eae

Docket Entries.

Sep 22:71" Filed’ Affidavit of Virginia Schuter, Atty. for

Pitf., Betty Glenn. 2 GG. ifs

“Sep 22-71 Filed Temporary Restraining Order re Betty

Glenn-Curtin,

Sep 22-71 Filed Pltfs’. Affidavit re Betty Sallis.

Sep 22-71 Filed Affidavit of Petty Sallis.

Sep 22-71 Filed Temporary Restraining Order re Betty

Sallis-Curtin, J.

‘Sep 22-71 Filed Affidavit of Beverly Stone.

‘Sep 22-71 Filed’ Temporary Restraining Order re

Beverly Stone-Curtin, J.

Sep 22-71 Filed Pitfs’. Affidavit in Support of In-

‘tervention re James Barrett, Richard A. Chambers, Sr., Mark

Eames & Laurence Wagoner.

Sep 22-71 Filed Temporary Restraining Order re James

Barrett, Richard A. Chambers, Mark Eames & Laurence

Wagoner-Curtin, J. *

Sep 28-71 Filed Order granting John L. Lascaris and

Onondaga County. Department of Social Services to in-

tervene as a Deft., and denying Pitfs’. motion to hold Defts..

in contempt of court-Curtin, J. (notice & Copy to Jean Coon

& Virginia Schuler and Messrs. O'Connor, Yeager, Nathan-

son & Karp).

Sep 29-71 Filed Affidavit of Michael A. O'Connor, At

torney for Charlotte Jimerson and Laura Gilbert.

Sep 29-71 Filed Temporary Restraining Order re

Charlotte Jimerson and Laura Gilbert-Curtin,”J. ©

Sep 29-71 Filed Affidavit of Munita Rahim.

Docket Entries.

a 29-71 Filed. Temporary Sine ga Order re

: Munira Rahim-Curtin, J.

"Sep 29-71 Filed Affidavit of Linda Sargent. -

ae:

: Sep 29-71 Filed Temporary Restraining Order re Linda

rgent-Curtin, J.

Oct 4-71 Filed Pitfs’Notice of Deposition.

Oct 7-71 Filed Pitfs’. Notice of Deposition.

_») Oct 13-71 Filed - Affidavit of Michael A. O'Connor re

Norman: Michael & Elvira Michael.

- Oct 13-71 Filed Affidavit of Georgia Cassell.

> Oct-13-71 Filed Affidavit of Michael A. O’Connor re

- Lillie Harris.

-9'Oct 13-71 Filed Temporary Restraining Order re Nor-

Man ‘Michael, Elvira Michael, — Cassell and: Lilli

Harris-Curtin, J.

Oct 13-71 Filed Affidavit of Donna Bieliski

. Oct 13-71 Filed Temporary Restraining Order re

Donna Nhu hails J.

‘ 13-71. Filed Temporary Restraining Order re

=D rothy Livingston-Curtin, J.

13-71 Filed Affidavit of Gladys Taylor.

Oct 13-71 Filed Temporary Restraining Order re

iys Taylor-Curtin, J.

t “22-71 Filed Pitfs’. Affidavits in Support of In-

tion of Harold Luce, Una Luce, William Morgan,

Morgan, Peter Plarre and Mary Ethel Goodman.

Docket Entries.

Oct..22-71. Filed, ‘Temporary, ‘Restraining Order re

Harold Luce, Una Luce, William Morgan, Linda Morgan,

Peter Plarre and Mary Ethel Goodman-Curtin, 4.

Oct 29-71 Filed Affidavit of Michael A. O'Connor re

Beverly Waldron, Valeria Cray and ‘Linda Cray & Affidavit

of Henrietta Smith.

Oct 29-71 Filed Temporary Restraining Order re

Beverly Waldron-Curtin, J.

Oct 29-71 Filed Temporaty: Restraining Order re

Valeria Gray, Linda Cray #&- Henrietta Smith-Cartin, J.

Nov 8-7!» Filed. Affidavit of Florence McMahon.

Nov 871 ‘Filed ‘Temporary Restraining Order re

Florence McMahon-Curtin, J.

“Nov 8-71 Filed Pitfs’. Affidavit re Billy White & Betty

Nov 8-71 Filed Temporary Restraining Order re

Billy White & Betty: White-Curtin, J.

Nov 8-71. Filed. Affidavit of Ellen Rivenburgh.

Nov 871. Filed Temporary Restraining Order re Ellen

Rivenburgh-Curtin, J. i

. Nov -&71 Filed Pitfs’, Affidavits re Clinton Braction,

Jr.

“Nov 8-71. Filed. ‘Temporary Restraining Order re Clin-

ton Brachtion-Curtin, J.

. ag

Nov 9-71 Filed Order to Show Cause for, Temporary

Restraining Order, etc.-Curtin, J. ret. 11-19-7e-submitted.

Status. Report adj. 12-17-71-Pitf. Briefs by 1-17-72-Reply

briefs by 2-1-72 Arguments at later date.

Decker Enitrtds.

Nov 19-71 Filed Defts’., New York State, Affidavit.

Nov 22-71 Filed Pitfs’. Affidavit re Ernest Shaffer and

i Dhiatter. fou es Ha

Nov 22-71 Filed Temporary Restraining Order re Er-

Shaffer and Phyllis Shaffer-Curtin, J.

Nov 24-71 Filed Affidavit of Mary Coleman.

Nov 24-71 Filed Pitfs’. Affidavit re Dolores Troy.

Nov 24-71 . Filed Temporary Restraining Order re Mary

Coleman and Dolores Troy-Curtin, J.

14-71 Filed. Affidavit of Robin L. Gray.

Dec 14-71 Filed Temporary Restraining Order re

L. Gray-Curtin, J.

45-71. Filed Pitfs’. Affidavit re Chester Conklin

une Conklin.

ec 15-71 Filed © Decision & Order denying Temporary

raining Order re Chester Conklin and June Conklin-

a, J. (notice & copy to. Mr. O'Connor and Jean Coon)

jec 15-71 Filed Affidavit of Rollin Shaw.

rc 15-71 Filed Decision & Order denying Temporary

ining Order re Rollin Shaw-Curtin, J. (notice & Copy

. O'Connor and Jean Coon).

17-71 . Filed , Deposition of Mervyn Schwartz, Willie

Keaton and George J. Demmon (notice to attorneys).

17-71, Filed Deposition of Edwin L. Nowak and

roman, (Notice to attys).

17-71, Filed. Deposition of Edward Phillips (notice

Dec 17-71 Filed Deposition of Herbert ‘Simon and

Nelson Hopper (Notice to attys.)

Dec 17-71 Filed Deposition of Jule M:. Sugarman

Dec 17-71 Filed Reply of Deft., George G. Sipprell, as

Comm. of the Erie County Dept. of Social Services to Pitf's.

First Interrogatories. 2 .

Dec 17-71, Filed Defts’.. New York State Department of

Labor and Louis L: Levine, Answer to Interrogatories.

Dec 17-71 Filed Defts’., State ‘Department of Social

Services and Commissioner Wyman, ‘Answers to Pitfs’. First

Interrogatories.

Dec 21-71 Filed Affidavit of Carole Kampshoff.

Dec 21:71 Filed Temporary Restraining Order re

Carole Kampshoff-Curtin, J. |

‘Dec 21-71 Filed- Affidavit of Anna Callahan.

Dec 21-71. Filed Temporary Restraining Order re Anna

Callahan-Curtin, J.

Dec 21-71 Filed Order convening three-judge panel on

2-24-72 and setting forth dates for filing of briefs, etc.

Curtin. J, (notice & Copy to Messrs, O'Connor, Yeager,

Lefkowitz-attn. Jean Coon, Koldin and Gambacorta). :

Dec 23-71 Filed Affidavit of Rose Marie Ojeda,

Roland Ojeda & Reynold Ojeda.

Dec 23:71 ‘Filed Temporaty Restraining Order re Rose

Marie Ojeda, Roland Ojeda and Reynold Ojeda-Curtin, J

Jan 7-72 Filed Affidavit of Annie Ruth Ford and Tem-

porary Restraining Order-Curtin, J. .

Docket Entries.

s Jan 17-72 Filed Pitfs’. Memorandum of Law.

Jan 17-72 Filed Pltfs’.. Affidavit. of Service. of

_ Memorandum of Law.

_ Jan 18-72 Filed Deposition of Philip C. Pinsky (notice

__ to attys.)

Jan 18-72 Filed Temporary Restraining Order re

- Patricia Elkins-Curtin, ‘J.

ze Feb 1-72 Filed Temporary Restraining Order re Glenn

_ Wilson with endorsement by Judge Curtin denying ap-

- plication for an order.

Feb 2-72 Filed Pitfs’. Stipulations of Fact.

Feb 7-72. Filed Defts’.. New York State, Memorandum

Feb 7-72 Filed Temporary Restraining Order re Helen

Kilduff with endorsement by Judge Curtin denying ap-

plication for a T. R.O. .

‘Feb 7-72 Filed Temporary Restraining Order re

zanne Spillman & Charles Spillman with endorsement. by

idge Curtin denying application for a T. R. O.

Feb 17-72 Filed Temporary Restraining Order re Ellen

; with endorsement by Judge Curtin denying ap-

hon fora T: Ri Oi % fe

b 18-72 Filed . Pitfs’. Reply Memorandum of Law.

Soa —

b 18-72 Filed Pltfs’. Affidavit of Service of Reply

orardum of Law.

22-72 . Filed. Exhibit 32.

> 22-72. Filed. Exhibit. 33.

Feb 2272

Feb 22-72

Feb 22-72 Fi

‘12

Docket Entries.

Exhibit 34.

‘Exhibit 35.

Exhibit 43.

Exhibit 45.

Exhibit 46.

Feb 22-72 Fi Pitfs’. Affidavit of Service of List of

Exhibits. |

Feb 24-72 Filed Affidavit of Elizabeth Wickenden.

Feb 24-72 Filed Affidavit of Service of Elizabeth

Wickenden.

Feb 24-72 Filed Stipulation re filing briefs amicus

curiae by National Assembly for Social Policy & Develop-

ment Inc.

Feb 24-72, Filed Brief raobuoktion by The National

Assembly for Social Policy and Development, Inc.

Feb 24-72 Three Judge Court convenes: Present: Hon.

James L. Oakes, CCA, Hon. John O. Henderson, DJ and

Hon. John T. Curtin, DJ-Decision Reserved.

. Mar 3-72 Filed Depositions of Stan Fleming, John

Cooper & Bertha Heath (notice to Jean Coon & Messts.

O'Connor, Yeager, Koldin & Gambacorta).

_Mar 6-72. Filed Brief on behalf of National Welfare

Rights Organization, City Wide Coordinating Committee of

Welfare Organizations, Upstate Welfare Rights Organization

as Amicii Curiae.

Mar 13-72 Filed letter dated 3-9-72 to Judgg Curtin

from Jean M. Coon, Asst. Solicitor General, Staté of N. Y.

Mar 31-72 Filed Affidavit of Florence Reeder.

Docket Entries.

‘Mar 31-72 Filed Temporary Restraining Order re

Orefice Reeder-Curtin, J.

‘Apr 28-72 Filed Affidavit of Laura Duffy.

‘Apr 28-72 . Filed Temporary Restraining Order re

aura Duffy with endorsement by Judge Curtin denying ap-

lication for a T.R.O.

‘May 8-72 Filed, Affidavit of Etta Armstrong.

‘May 8-72 Filed Ofder to Show Cause re Etta Arm-

rong-Curtin, J. ret 5-16-72; 5-17-72 Pitf. to submit

. um.

May 17-72 Filed Defts’. Affidavit in Opposition to

emporary Restraining Order.

Jun 14-72 Filed Decision and Order denying ap-

lication of Etta Armstrong for a temporary restraining or-

er-Curtin, J. (notice & Copy to Messrs. O'Connor and

efkowitz and to Ms. Balen).

| ul 28-72 Filed Decision and Order enjoining

ation of state Work Rules as applied to recipients of

‘Families with Dependent Children and directing that

ral Work Incentive Program procedures be followed

further directing state to implement, within 30 days of

‘this decision, a suitable means of informing recipients

me Relief of hearing rights were such recipients are

ed by a determination of employability, and further

ng Clerk to.enter judgment seven days after filing

n-James L. Oakes, C. J.; Henderson and Curtin, DJ

& copy to Ms. Coon ow Messrs. O’Connor, Freed,

7 Filed’ Order amending order entered 7-28-72

by counsel for pitfs, are directed to prepare and sub-

Docket Entries.

mit judgment to court, upon notice to counsel for defts.,

within ten days of date of this order-Curtin, J. (notice &

Copy to Ms. Coon and Messrs. O'Connor, Freed, Koldin

and Stamm),)

Aug 7-72: Filed Pitt's. Affidavit of Service.

Aug 25-72 Filed ‘Order & Judgment declaring New

York Work Rules unconstitutional insofar as they apply to

applicants, of AFDC; that from 60 days after date of this or-

der Defts., are permanently enjoined & directed to cease all

enforcement of NY Work Rules against recipients of & ap-

plicants for AFDC; directing delivery of checks for AFDC

benefits by mail, such delivery to commence within 60 days

Of the date Of this order; dismissing Pltfs’. First, Second &

Third Causes of Action except that with respect to Pitfs.

Second Cause of Action, Defts., NYS, are directed to adopt

& implement. by 9-29-72 means of informing recipients of

Home Relief; declared employable, of their right to a fair

hearing; awarding Pitfs., costs by not attys. fees-Three Judge

Court (Oakes, USCJ & Henderson & Curtin, DJ) (notice &

copy to Ms. Coon and Messrs. O'’Curtin, DJ) (notice & copy

to. Ms, Coon and Messrs. O'Connor, Freed, Koldin &

ES EET

Aug 25-72. JS 6 made.

Aug 28-72 Filed ‘Pitfs’. Proposed Amendment to Pitfs’.

Proposed Order,

Aug 28-72, Filed, Pitts’, Affidavit of Service.

Aug 30-72. Filed “Pitfs’. Notice & Proposed Order.

Sep 5-72. Filed. Affidavit of Julius C, C. Edelstein.

Sep 5-72" Filed. Pitts’. Affidavit of Service.

‘Sep 5-72) Filed Pits’: Motion to Amend Order (no ret.

date)-9-19-72 submtd.

ce Docket Entries.

19 Sep 5-72 ites Petes Attiaavin of Service.

UE Sis 4g NY,

Sep 15-72 Filed Pitfs’, Affidavit, |

o Sep 19-72 Filed Civil Subpoena-served 9-14-72 George

_ Sep 19-72 Filed Affidavit of Arthur L. Stern, I1l.

_ | Sep 28-72 Filed. . Deft. New York State's Notice of Ap-

| peal to U.S. Supreme Court with affidavit of service on

_ Messrs. O'Connor, Yeager, Pinsky and Stamm.

“igh

, Oct 5-72. Filed Notice of Appeal to U. S$. Supreme

ban of Deft.—Intervenors Onondaga County Department

social Services and its Commissioners John L. Lascaris

| affidavit of service on Messrs. O'Connor, Yeager,

cowitz and Stamm.

‘Oct 11-72, Filed ‘Affidavit of Richard §. Panébianco,

| Oct 11-72 Filed Affidavit of R. Stephen Trosty.

Oe 11-72 Filed. Copy of Ltr., from Michael A. O'Con.

to Hon. John T. Curtin dtd. 10-11-72,

Oct 17-72 Filed Notice of Appeal to U. S. Supreme

Court of Deft. Erie County Department of Social Services

ind its Commissioner George G. Sipprell with affidavit of

“tervice on Messrs. O'Connor, Yeager, Lefkowitz and Pinsky.

ot 18-72 Filed Order amending Order of 8-25-72 by

meng & paragraph after paragraph 2 and denying in all

‘oth F respects PIffs’. motion to amend order of 8-25-72-

‘Whree Judge Pitts’. motion to amend order of 8-25-72-Three

‘Wedge Court (Oakes, USC) & Henderson & Curtin, DJ)

‘Moticed & copy to Messrs. O'Connor, Freed, Koldin, Erie

1€o. Atty. & Ms. Coon). |

“

} ber

A ™H

Docket Entries.

Oct 24-72) Filed Pitfs’. Notice of Appeal to U. S.

Supreme Court with affidavit of service on Messrs.

Lefkowitz, Stamm and Pinsky.

‘Oct 25-72 Filed Pitfs’, Bill of Costs taxed in the amount

of $1,149.07 (notice to Messrs. O'Connor, Pinsky and Stamm

and Ms. Coon),

Nov 14:72 Filed’ Order to Show Cause for Contempt of

Court for failure to obey Judgment returnable Nov. 20, 1972,

dtd. 11-13-72 Curtin DJ. ,

Nov 20-72. Filed Affidvt. of Gerald A. Norlander, atty.

for Pitf. Evelyn Dillard.

Nov 20-72 Filed Affidvt. of Jean M. Coon, Asst.

Solicitor Gen. NYS. in oppos, to pltfs. motion. :

‘Nov 20-72 Return of Order to Show Cause. Adj. until

such time as pltf’s. Counsel submits letter to atty. for defts.

Dec 5-72 Filed Order that state defts. submit to Court

and serve upon counsel for pitfs. no later than 12-18-72 afd-

vts. providing detailed comments on various points (7) &

Counsel for pitfs may respond to afdyts. no later than 12-28

72 & upon receipt Court shall set date for hearing if ap-

propriate, Curtin DJ Notice & copies to Mayer Freed, Jean

Coon & Gregory Stamm.

. Dec 20-72 Filed Defts. Affidavit pursuant to Judge

Curtin’s Order of 12-5-72. :

“Jan $-73 Filled’ Letter dtd; 12-28-72 from Legal Ale

Bureau in response to Order of 12-572 & Affidavit of Deft.

Jan 15-73 Filed Affidavit of Ira Bezoza on. behalf of

Doris Brown & Frances Glenn.

4 ' ‘

°° ON THE UNITED STATES DISTRICT COURT

, Ago r, :

».. Fot the Western District of New York

ae | Plaintiffs,

“ie { ) against

IEW YORK STATE DEPARTMENT OF SOCIAL SER.

VICES; its Commissioner. GEORGE K. WYMAN: NEW

ELATIONS: its’ Commissioner, LOUIS L. LEVINE:

IE COUNTY DEPARTMENT OF SOCIAL SER-

and its Commissioner, GEORGE G_ SIPPRELL,

Defendants.

—o—

NATURE OF CLAIM

Plaintiffs, individually and on behalf of all other per-

nilarly situated, seek to have this Court enjoin. the en-

ment of §§ 131 (4) and 164, as amended, and $ 350-k of

} New York. Social. Service Law and New York State

“i

program (7 AFDC"; New) York terms this program “ADC")

and Aid to Families with, Dependent Children—Unemployed

Parent program (“AFDC-U™, New York terms this program

“ADC-U), and under the state's Home Relief program.

Receipt of benefits is conditioned upon. such_ recipients

reporting semi-monthly to an office of the New York State

Employment Service for “manpower services” and to pick up

their checks. These Work Rules establish a presumption that

recipients of such benefits are “employable.” The New York

Work Rules are challenged on the grounds that they are in

conflict with Article VI, Clause’2 of the Constitution of the

United States (the “Supremacy Clause™), with the. Thirteenth

and Fourteenth Amendments to the Constitution of the

United States, and. with the Social Security Act (42 U.S.C.

$§ 601 et seq.) and the regulations promulgated thereunder.

Plaintiffs. seek an injunction, against the enforcement of the

New York Work Rules and a declaratory judgment that they

are invalid as being in conflict with controlling con-

stitutional, statutory and regulatory provisions.

If.

JURISDICTION

2, Jurisdiction is conferred on this Court by 28 U.S.C.

$$ 1343-43) and (4), which provide for original jurisdiction

in this Court of all suits authorized by 42 U.S.C. § 1983;

and by 28 U.S. C. $$ 2201 and 2202, providing for jurisdic-

tion in this Court of actions for declaratory judgments.

3. Plaintiffs’ action for declaratory and injunctive relief

and for damages is authorized by:

(a) 28 U. S. C. $$ 2291, 2202 and Rule 57 of ‘the

Federal Rules of Civil Procedure, which relate t

declaratory judgments;

Complaint.

_ ). 42: U.S.C. § 1983, which provides redress for the

dep vation undet color of law of rights, Privileges and im-

‘mi nities secured to persons within the jurisdiction of the

United States by the Constitution and laws of the United

ci, | lL.

iSpy et PLAINTIFFS

_ 4. Plaintiff Dolores Dublino is a citizen of the United

lates of the State of New York, residing in Erie County at

15th Street, Buffalo, New York. She is the mother of three

minor children, ages 18, 14 and 13. Mrs. Dublino and her

“5. Plaintiff Doris Jimerson is an American Indian citizen

‘Of the United States and of the State of New York, residing

‘in Erie County on the Cattaraugus Indian Reservation: her

‘Address is P.O. Box 53, Lantons. New York 14091. She is the

‘Mother of three children, ages 16, 14 and 11. Mrs. Jimerson

and her family receive Public assistance under the ADC

Plaintiff Virginia Michael is a citizen of the United

States and of the State of New York. residing in Erie County

Wende Road, Alden, New York. She is the mother of

three children, ages 19, 18 and 16. Mrs. Michael and her

‘hildren receive public assistance under the ADC program.

Mrs. Michael’s husband, age 69, receives public assistance

der the Aid to the Aged program, 42 U. S.C. $§ 401 e

Complaint.

7. Plaintiff Janie Lee Phillips is a citizen of the United

States and of the State of New York, residing in Erie County

at 823 Virginia Street, Buffalo, New York. She receives

public assistance under the state's Home Relief program.

8. Plaintiff Maria Marfoglia is a citizen of the United

States and of the State of New York, residing in Erie County

at 418 Busti Street, Buffalo, New York. Mrs. Marfoglia is the

mother of six children, ages 16, 13, 12, 10, 8 and 4. She and

her family receive public assistance under ADC.

IV.

CLASS

9. Plaintiffs bring this action on their own behalf, on.

behalf of their minor children on behalf of all others

similarly situated, pursuant to Rules 23 (a) and 23 (b) (2) of

the Federal Rules of Civil Procedure. The class which Plain-

tiffs represent are all persons similarly situated who are

recipients of public assistance under the federally assisted

ADC.and ADC-U programs, and under the New York Home

Relief program who have been or may be classified as “em-

ployable” under § 131 (4) of the New York Social Service

Law, as amended, and the regulations issued pursuant

thereto, or whose parents, guardians or caretakers have been

so classified and are or will be required to travel to an office

of the New York State Employment Service semi-monthly

for ~ ‘manpower services,” and to pick up their assistance

checks, and may be required to accept any proferred em-

ployment, including work on public works projects, man-

dated by N.Y. Soc. Serv. L. § 164, as amended, and § 350-k.

The members of the class on behalf of whom Plaintiffs sue

are so numerous as to make joinder impracticable. | There are

questions of law and fact common to all members. of the

Compiaint.

- class. Plaintiffs challenge the validity of statutes and

_ fegulations which are applicable uniformly to all members

_ of the class. The statutes are challenged on the grounds that

- they ‘conflict with the Supremacy Clause of Article VI,

Clause’ 2; the Thirteenth Amendment, and the Due Process

ahd Equal Protection Clause of the Fourteenth Amendment

to the constitution of the United ‘States, and the Social

Security Act, grounds applicable to all members of the class.

Defendants have acted or refused to act on grounds

generally applicable to the class. The claims of the Plaintiffs

“are typical of the claims of the members of the class. The

Plaintiffs will fairly and adequately protect the interests of

the members of the class.

DEFENDANTS

10. Defendant New York State Department of Social Ser-

vices (the “Department. of Social Services”) is the agency

_fesponsible for the administration of ADC and ADC-U in

“the State of New York and is responsible in part for the ad-

Moiaration of the New York Work Rules.

oral. Defendant George K. Wyman is Commissioner of the

New York State Department of Social Services and is

‘tesponsible for the administration and) enforcement of

‘public assistance programs in the State of New York.

‘12 Defendant New York State Department of Industrial

ations (the “ ment of Industrial Relations”), is the

acy of which the New York State Employment Service

=S’) is a subdivision, The New York State Employment

ice is the agency charged with enforcing portions of the

York Work Rules.

3. “Defendant Louis L. Levine is a Commissioner of the

York State Department of Industrial Relations and is

Complaint.

responsible for the administration of the program of that

agency.

44, Defendant Erie sdihaiedes Sanclaesins of Social Ser-

vices (the. ‘County. Department’) is the agency responsible

for the administration of Home Relief, ADC and ADC-U in

Erie County, New. York and is responsible in part for the ad-

ministration of the:New York Work Rules.

15.. Defendant George G. Sipprel is the Commissioner of

the Defendant Erie County Department of Social Services.

16. .N. Y¥.Soc. Serv..L. § 131 (4) provides that no. public

assistance. be given to any “employable person” who has

“not registered with the nearest local employment agency of

the Department of Labor or has refused to accept em-

. ployment in which he is able to engage.” In 1971 this section

was amended (effective July 1, 1971) to redefine “em-

ployable persons” and to change the procedure for receipt

of benefits: :

“For the purposes of this subdivision and sub-

division five, a person shall be deemed employable if

such person is not rendered unable to work by: illness

or significant and substantial incapacitation, either

mental or physical, to the extent and of such duration

- that such illness or incapacitation prevents such per-

son from performing services, advanced age; full-time

attendance at»school in the case of minor, in ac-

cordance with provisions of this chapter; full-time,

satisfactory participation in an approved program of

vocational training or rehabilitation; the need of

such person to provide full-time care for other mem-

bers of such person's household who are, wholly in-

capacitated, or who are children, an&.for whom

required care is not otherwise reasonably available,

Complaint.

CFI notwithstanding diligent efforts by such person to ob-

tain others to provide such'care. A Person assigned to

_ |, 4M participating in a public works project under the .

See provisions of section one hundred sixty-four or three

«> hundred fifty-k of this chapter shall be deemed to be

“-~ employable but not employed.

“Every employable recipient of public assistance or

-.- person who is deemed not to be employable by reason

. Of full-time satisfactory participation in an approved

* “program of vocational training or rehabilitation shall

- person from the division of employment of the state

+ department of labor, in accordance with regulations

of the department.”

gti ed

17, Under § 131 (4), a person is deemed to have refused

employment if he:

“a. fails to obtain and file with the social services

_—— district at least once in every two-week period a new

certificate from the appropriate local employment of-

fice of the state department of labor stating that such

_ employment office has no order for an Opening in

_ part-time, full-time, temporary or permanent em-

_ ployment in which the application is able to engage,

mh OF

A “b. wilfully fails to report for an interview at an

employment office with respect to employment when

pea

— requested todo so by such office, or

* “ec. wilfully fails to report to such office the result

of a referral to employment, or

itihe’ wilfully fails to report for employment. Such

wilful failures or refusal as above listed shall be

Complaint.

reported immediately to the social services district by

such employment office.” ,

18. To implement these ‘provisions, the Department of

Social Services and the County Department have

promulgated regulations requiring Plaintiffs and the mem-

bers of their class to pick up their assistance checks semi-

monthly at the main SES office in Erie County.

19. Prior to the effective date of the new Work Rules,

Recipients of ADC and ADC-U and of Home Relief have

received their public assistance checks by mail, either month-

ly or semi-monthly; recipients not deemed “employable”

will continue to so receive their checks.

20. Defendants and the New York Legislature have

defined the minimally adequate monthly subsistence stand-

ard for the basic needs, such as food, clothing and trans-

portation, for families receiving Home Relief. ADC and

ADC-U as follows (N.Y. Soc. Serv. L.. § 131-a):

Number of Persons in Household

I 2 3 4 5 6 each additional

329

$84 $134 $179 $231 $284 $326 $45

Under recent amendments to § 131-a, maximum payments to

such families have been set at go% of these minimum

amounts. N. Y. Soc. Serv. L. $ 131-a (3) (b). The monthly

amount allotted in these maximum payments for trans-

portation expenses as approximately $1.50 per person. Other

than transportation for medical assistance, reimbursed in the

state’s medicaid program, no provision is made under stat

Complaint.

w for additional transportation allowances for Home

Relief, ADC.or ADC-U applicants or recipients.

Be NeW York ondek WW cates tales (or the APOC

‘and AFDC-U programs, is required by the Social Security

t, 42 U. S. C. §§ 601 et seg. to have formulated a “State

n” for said program in conformity with the provisions

the Social Security Act and is further required to establish

Single State agency to administer such Plan.

Congress, in the 1967 Amendments to the Social

! Act, established the Work Incentive Program

WIN”) for appropriate\recipients of AFDC and AFDC-U.

‘See 42 US.C. $§ 602 (a) (15), (19) and 632 er seq. WIN must

‘provide inter alia: ‘for exemption of certain people from a

‘determination that they are appropriate to be referred to

Ork OF training (42°U. S.C. $ 602 (19) (A) ); for child care

vices (42 U.S. C. $602 (15) (A) (i) ): for testing and

Ounseling (42 U.S.C. § 633 (a) ); for the development of

employability plan’’ leading to self-support (42 U.S.C.

(b) ); for the applicable minimum wage for the par-

work concerned (42 U. S. C. § 633 (e) (4)); for

uation of the Aid to Dependent Children

#ant to other members of the assistance unit after a “non-

§00d cause” refusal to accept employment (42 U.S.C. § 602

9. In 1971, the Legislature amended Soc. Serv. L. § 164

Mid added new § 350-k to require each locality to establish

Piblic works programs. Home Relief recipients are referred

Programs under §.164, and. ADC and ADC-U recipients

Preferred under § 350-k. Recipients can be required to

in these. programs, and their compensation is the public

Complaint.

“assistance benefit to which ined Pest iMly ‘entitled,

provision sets standards for the type of work 10 be provided

in these programs, nor for the wages to be paid to recipients

| 24. “Plaintiff Dolores Dublino “has been notified that she

is an “employable person” under N.-¥.'Soc. Serv. L. $131

(4), fas | ‘teported to the County Department to obtain an

identification “card, ‘and hasbeen scheduled for an ap-

-pointment on July 6, 1971 to pick up her check at the main

SES office in. Buffalo, an agency of the Defendant Depart-

ment of Industrial Relations, which office is approximately

three. miles. from ‘her home. Plaintiff Dublino. is presently

enrolled in the federal WIN program and is. scheduled to

SES,.for a modern office training class at Bryant and Strat-

ton Business Institute, 1028-Main Street, Buffalo, New York.

* 25." Plaintiff Dublino ‘was referred to this WIN training

program by WIN ‘personnel in the employ of the Defendant

‘Department of Industrial Relations. Mrs. Dublino justifiably

fears ‘that conflicting appointments-*may ‘prevent ‘her

tégistration in desired courses of the training program and

that her semi-monthty appointment to pick-up her check will

interfere with other ‘training. The distance between Bryant

and Stratton Business Institute and the SES office is ap-

proximately six miles.’ The trip between these two points will

involve at least one bus transfer and will take at least 0

minutes travel time on each direction,

126. - Plaintiff Doris Jimerson has been dotified that she is

‘an “employable person” urider Ni Y . Soc. Setv. L. $ 131 (4),

has received her identification card, and has been scheduled

for an. appointment on July 14, 1971, ‘betweén, 10:15 and

10:45 A.M. to pick up her check at the Buffald SES office.

Complaint.

' Paved highway, ‘and 4 miles from ‘the Hiearest bus

at Gowanda, New York,’ Her home'is 32 miles from

falo. Mrs. Jimerson has called @ taxi company to inquire

transportation to Gowanda, and has been told that the

ill cost $6.00 each way. Bus fare to Buffalo is $1,15 one

Jimerson is not yet sure there is a bus which would get

to Buffalo on time for her appointment, and it may be

pessary to leave the night before. In any case, the trip will

the better part Of aday.© ceraee | :

- Mrs. Jimerson has been informed by-her caseworker

her. oldest child, Michele, 16, who is a high school

indent, will be classified as “employable” for the summer

thereby will also be required to report to Buffalo twice

hly for “manpower services.” ;

B.: Although Mrs. Jimerson. has been informed. that she

ll receive a “special check” on. July 1 to tide her and her

mily over until. she receives her regular check at the SES

fice on July 14, this “special check” will not iticlude an

ment for rent. Mrs, Jimérson’s rent is due.on July 1 and

‘is afraid that her landlord will take action against her

failuretto pay her rent when due.

Plaintiff Virginia Michael has been notified that she

n “employable person” under N, Y. Soe. Serv. L. § 131

has reported to the County Department in Buffalo to ob-

a identification, card, and has been scheduled for an

mintment.on..Jul¥ 14, 1971, to pick up her check at the

alo SES office. Buffalo is 22 miles from Mrs. Michael’s

ill have. to, wait until, 2:30.P.M. for the return bus to

home in Alden, New York, arriving at 3:40 P. M. Round

Complaint.

trip bus: fair, from) Alden, is, $1.40.and, because of the

schedule, Mrs. Michael will have.to purchase lunch in Buf-

puso gg oii dae il

onset pnananiinien 4

‘30, "Mis, Mi¢hae i Satidaind Bp iniedaioonite

that her two oldest’ children, ages 19 and 18, both ‘high

hool graduate wi aE

3 “ ntthdiagh Mice ‘Michael has been informed that she

will receive’ a “special check” on July 1 to tide her and her

family Over Until’ she receives ‘her regular check ‘at the SES

office on’ July 14; this “special check” will not include an

allotment for rent. ‘Mrs. Michaél’s rent ‘is due'on July 1, and

she is afraid that hér landlord will take action agains .

eee rhe

ee "Plaintiff Jariie” Lee Phillips lost her leg in’ 1965, ina

farm accident. ‘She is fitted with an’ artificial timb, ‘but

becatise of its heavitiess she has great difficulty in walking

more than 100 yards. Plaintiff Phillips has been notified that

she is ‘an “employable person” under "N.Y. Soc. Serv. L

§ 131 (4) and fas reported to the County Department to ob

tain an identification card. Because of’ her handicap, Plain-

tiff Phillips had to take a taxi to the County Department. She

Will also’ have tovtake stank: ta'the SES: office, where she}

required to: teport-on duly 12.) «> i

33. piddiitePhittips pays rent FoF “eae motith ‘on’

16th’ of the month: Although she will receive her check, it

ding one half of her rent allotment, on the 12th of July,

she w | not feceive her second rent allotment yntil July 2)

her next appointment at SES. Piainitif? shorn we

Complaint.

dpubticrensiatance every two weeks; her rent is $50.00 per

btn Mrs. Phillips is afraid that she will be unable to pay

‘her rent when due and that her landlord will take action

i her BT ate OTR. 93 :

_ Plaintiff, Maria. Marfoglia has been notified that ch.

» employable person” under N.Y. Soc. Serv. L. § 131

d has reported to the County Department to obtain an

Mp SE 5 Office every. two weeks and also about the possibility

tt may be required to accept employment. Mrs. Mar-

Oglia feels that adequate child care is not available for her

rot koa

“aa

suilcren. Her sister cannot care for Mrs. Marfoglia’s

children, being busied with her own five children, and Mrs.

Marfoglia’s mother, age 67, is ill. Mrs. Marfoglia, who is

vorced, does not want to leave her children in the care ofa

fanger, as she feels this will have a detrimental effect on

tir upbringing. Mrs. Marfoglia has been scheduled for an

intment on July 2, 1971 to Pick up her check at the SES

¢ in. Buffalo, some two’ miles from her home.

. None of the above Plaintiffs received any notice

ior to their receipt of the letter informing thém that they

# been deemed “employable.” No discussion had been had

mn any caseworker or other official as to any Plaintiff’s

ail bility for wogk or as to any problems which might

‘&8 a result of the obligations incurred by them because

heir being found “employable.” Each of the Plaintiffs is

der immediate threat of referral to a work project by

son of the determination that she is “employable”.

Complaint.

y MAS°AND FOR" A“FIRST*CAUSE ‘OF ACTION | ©

* te New. Mae ne wot te the Equal Prove

fitlon of z ied <<. in. that’ tie whe aa and

: establish Onerous requirements and sanc-

tions as to’ Plaintiffs and the’ class 'they represent different

from’ those applicable’ to’ those recipients not found: “em-

ployable.” These Work "Rules work an undue hardship on

Dsante tet in sabpeedlng icin C0- foes eviction

from their homes and requiring them to ‘expend significant

amounts of their’ vitally needed public assistance grants for

travel and other arrangements necessary to comply with the

nen of the Rules. These:requirements, applied only

to those. “récipients ” déemed “employable,” are an

untreasonable ‘discrimination: of vidlation ‘of ‘the Equal

Ms AND FOR. R A'SECOND € CAUSE ‘OF ACTION

me ah “The New, York, Work Rules, violate the Due Process

Clause of, the Fourteenth Amendment to, the Constitution of

the United States, im that they are so vague, dye.to their ab-

sence of standards, as.to. promote arbitrary administration

and further, are too vague to adequately appraise Plaintiffs

and the members of their class of what is expected of them,

and fair to provide ‘adequate procedural safeguards to

pte ie igi he Pate nd te member es

Complaint, .

AS -AND- FOR A. THIRD CAUSE. OF ACTION

38. The New York’ Wotk ‘Rules violate the Thirteenth

_Amendmient.to: the Constitution of the United States, in that

"they are so vague and lacking in standards as to establish a

“ys lem of involuntary servitude within the meaning of said

vty

band

AS AND FOR A FOURTH CAUSE OF ACTION

39. The New York Work ‘Rules are invalid’ insofar ‘as

ley establish a work program for recipients’ of ADC and

iDC-U in direct conflict with the Work Incentive Program,

tablished by the Social Security Act, and, consequently,

invalid because they invade an area preempted by federal

ute in violation of the Supremacy Clause of the Con-

tion of the United States, Article VI, Clause 2.

_ AS AND FOR A FIFTH CAUSE.OF ACTION

. The New York Work Rules are invalid insofar as

‘condition receipt of ADC and ADC-U benefits by

wise eligible persons on the fulfillment. of conditions

present inthe Social Security: Act. These work rules set

Up an additional condition of eligibility inconsistent with 42

W.S. C. § 602 (a) (10), which provides that “a state plan for

id and services to needy families must. provide that

did-to families with dependent children shall be furnished

h reasonable promptness to all eligible individuals.”

_ AS AND FOR®A SIXTH CAUSE OF ACTION °

_The New York Work Rules are invalid because they

consistent with the requirements of 42 U.S. C. § 602

that the State establish a single state agency to ad-

ter the Plan required under the Act.

WHEREFORE, Plaintiffs, on behalf of themselves and all

Others similarly situated, respectfully pray that this Court:

1," ASsuime jurisdiction of this cause and set this cause

> Enter a declaratory judgment pursuant to 28 U.S.C.

§ 2201 and Rule 57 of the Federal Rules of Civil Procedure,

declaring that the New York Work Rules

qe \Mielate’and "are repugnant to the Equal Protection

and Due’ Process Clauses of the Fourteenth Amendment to

the Constitution of the United States.

b. Violate an@ are ‘repugnant to the Thirteenth

Amendment to the Constitution’ of the United ‘States.

c.. Are. inconsistent with and have been preempted by

the Social Security Act, 42 U. S. C. §§ 601 ef seq.

3. “Issue a temporary restraining order

a. ‘Restraining the Defendants from requiring Plain-

tiffs andthe ‘members of their class to pick up their public

-agsistanee checks at an office of the State Employment Ser-

Vice and from taking further steps to enforce the New York

b, Ordering the Defendants to issue immediately by

mail the amounts normally due to Plaintiffs and the mem-

bers of their class as their ‘semi-monthly public assistance

nt, including rent allowance, less any amount already

issued in the form of “special check.”

4, Enter a preliminary injunction pending the final

determination of this matter and, thereafter, a permanent in-

junction prohibiting, restraining and enjoining’ Defendans

their successors in office, agents and employées from en-

‘ he 2: Bay eee SS eye ity ised bis

forcing, applying or implementing:the aforesaid New York

- Work Rules.

a 5. "Award Plaintiffs damages, and their costs herein, and

"any additional or alternative relief as the Court may deem to

be just and appropriate.

ane

¢ Hine ;

i en

was ;

Pitts rey

oe ,

hee

aes

we so

Bae

cs ,. % :

Respectfully. submitted,

' ae , .

LEGAL AID BUREAU OF

BUFFALO, INC, ye

NEIGHBORHOOD LEGAL SERVICES,

481 Swan Street,

Buffalo, New York 14204,

' Michael A. O'Connor,

Of Counsel, —

Dennis R. Yeager,

E. Richard Larson,

Mayer G. Freed,

401 West 117th Street,

New York, New York 10027,

Attorneys for Plaintiffs.

Decision Granting*Motion for Class Action

Ordering Convening of a

SP heeudge Gourt. RRR NY

tre 1084 4 PRS Western District ‘of ‘New York.

DELORES DUBLINO; ‘DORIS JIMERSON, VIRGINIA

MICHAEL, JANIE LEE PHILLIPS and MARIA MAR-

FOGLIA, on. behalf of,.themselves and their minor

as ies

NEW YORK STATE, DEPARTMENT, OF SOCIAL SER-

VICES; its Commissioner, GEORGE. K. WYMAN, NEW

YORK STATE DEPARTMENT OF INDUSTRIAL

“RELATIONS; its Commissioner, LOUIS L. LEVINE,

ERIE COUNTY. DEPARTMENT OF SOCIAL SER-

VICES and its Commissioner, GEORGE G. SIPPRELL.

SCreit sca sas Defendant.

Plaintiffs,

Civil No. 1971-308.

Appearances: —

Michael A. O'Connor, Buffalo, New York, and Dennis R.

Yeager, E. Richard Larson, and Mayer G. Freed, New York,

New York, for Plaintiffs.

Louis J. Lefkowitz, Attorney General of the State of New

York (Jean M.-Coon, Assistant Attorney General, of Coun-

sel), for defendants Wyman and Levine. eta

‘Mario C. Gambacorta, Assistant County Attorney, County

of Erie, for defendant Sipprell.

‘Decision: Granting Motion for Class Action

and Ordering Convening of a

‘Three-Judge Court.

“This is'an action ‘challenging the constitutionality of the

recent. amendments to the New York Social Welfare Law,

and the departmental regulations adopted pursuant to the

amendments, all commonly known as the New York Work

‘Rules. The contested provisions are Sections 131(4) and 164,

#8 amended,' and 350-k? of the Social Welfare Law and

Department of Social Services Administrative Letters, Num-

bets 71 PWD—34? and 71 PWD—43* In brief, the Work

Rules establish a n that certain. recipients of

put State welfare programs are em-

G3 Administrative Lener No, 71 PWD—34 provides as follows:

litted in printing—printed as Exhibit B to answer of State Defendants,

‘Administrative Letter No. 71 PWD—43 provides as follows:

ted in printing—printed as Exhibit C to answer of State Defendants.

‘Decision Granting Motion for Class Action

and Ordering ‘Convening of -a

, fh , Judg Pa urt

ybeen.or, — we of the above statutes and

— S70 wee

a bet Wal: W's ris eit the sates en

‘regulations unconstitutional’ under the Thirteenth Amend-

ment and the Due Process and’ Equal Protection Clauses of

‘the: “Fourteenth Amendment, and itivalid under the

f /Clause 6f the Constitution of the United States,

‘on ‘the ground that they conflict with the provisions of the

‘Social Security Act of 1935 (42 U.S.C. $$ 601 er seq.). Plain-

tiffs further seek a temporary order restraining the en-

forcement of the Work Rules pending the final deter-

shade Ok Biss ate, rs neg rege injunction thereaf-

“ter.

The defendants have ‘moved to dinsiiss the complaint on

the grounds that it has failed to state a cause of action and

that the federal court should exercise its discretion to abstain

‘from deciding the constitutional issues presented here while

‘the plaintiffs exhaust their state administrative remedies pur-

suant to Section 353, New York Social Welfare Law. At this

time, the defendants’ motion must ‘be denied. See Woolfolk

ve Brown, 325 F Supp. 1162 (ED. Va. 1971). With respect to

the question of federal abstention, as will be apparent from

the discussion below, the defendants’ motion is premature.

Three questions remain: whether the plaintiffs should be

permitted to proceed as a class, whether a three-judge panel,

pursuant to Title 28, United States Code, Sections 2281 and

2284, should be certified, ‘and whether ‘a@ preliminary in-

junction should issue.

A class action under Rule 23(b) (2) is proper if the

prerequisites of Rule 23(a) are satisfied and :

“Decision Granting Motion for Class Action

and Ordering Convening ofa

Three-Judge Court.

eo. ‘the party opposing the class’has ‘acted ‘or refused to act

ste ‘on grounds generally applicable to the class, thereby

> i > agers agin ar be: acaepeeednmmeas

ae ‘a whole. (Rule 23(0)(2).)

eA ¢ class plaintiffs seek to, represent is numerous, with join-

“der impracticable, and there are common questions of law.

* The claims presented are typical, and will be fairly repre-

4 ented by the named plaintiffs. The court finds that this is an

appre class action, and plaintiffs are accordingly per-

“mitted to proceed as representatives Sih ape

f In this circuit, notice to absentee members of the class is

“Tequired. Eisen v. Carlisle & Jacquelin, 391 F. 2d 555 (2d

Cir P1068)" They ‘shoutd be ‘advised ‘oF thé pendenicy of the

“suit and of their right to be excluded from ‘the final judg-

‘Ment. Given the indigency of the plaintiffs and’class, the de-

-fendants should provide the notice of this action. Individ-

tal Notification is unnecessary. “In the degree that ‘there is

cohesiveness or unity in the Class and the representation is

fective the need for notice to the class will tend toward a

“Minimum.” Advisory Committee Notes, Proposed Rules of

“Civil Procedure, 39 F. R. D. 69, at 106 (1966). Defendants

“are directed to post notices, in apecopriate fourm," at a.con-

SSA mages frm would tem ow

- nonce *. i

Work Rules (Sections 131(4), 164. and 350—4 of the New York

re Law) are currently the subject of constitutional litigation in the

am District Court, Buffalo. New York, 14202. All public’ assistance

1 “recipients subject to these statutes are now deemed to be plaintiffs i this

fawsuit.

(Footnote continued on following page)

Decision Granting Motion for Class Action

and Ordering Convening of a

Three-Judge Court.

spicuous location in each of the offices of the Department of

Social’ Services ‘and State Employment, Service which are

regularly visited by: members of the,class. The notice should

further indicate that persons, wishing to be excluded. from

the effect of a final determination: in this, matter should

notify this court no later than September 1, 1971. In further

consideration of the members of the'class, the notices should

be written in English and Spanish. ete

of the Constitution of the United States, a three-judge panel

is usually required before a decision on: the merits can be

reached. The distriet judge must determine whether the con-

stitutional questions presented are substantial, whether the

complaint, alleges,a basis for equitable relief, and. whether

the case otherwise comes within the requirements of Title 28,

United States. Code, Sections 2281 and, 2284, See Idlewild

Bon Voyage Liquor Corp.. v, Einstein, 310 U.S, 713 (1962)

The court, finds that this action meets the Idlewild test, and

therefore the Honorable Chief Judge of the United States

Court of Appeals for the Second Circuit is hereby requested

to conyene a three-judge court to hear, and determine this

cause...

(Footnote continued from preceding page)

Counsel for the individual named plaintiffs who are representing the class are:

Michac} O'Connor, Esq.. 481 Swan Street, Buffalo, New York 14202, and Den-

nis Yeager. Esq.. E. Richard Larson, Esq. and Mayer G. Freed, Esq.. 401 West

117th Street. New York. New York 10027.

_ Any member of. the class who, wishes to be excluded from the effect of a final

determination in this matter should express his choice in writing on oF before

September |. 1971. Such letters should be addressed to: Clerk, United States

District Court. 68 Court Street, Buffalo, New York 14202." * :

Dteds... ees

» Finally, plaintiffs seek. a-temporary order restraining the

_ enforcement of the challenged state: provisions. with respect

--to-eagh, member of the class. Title 28, United States Code,

“Section — _This, motion is, denied. There is not suf-

= ‘ficient evidence, by way of affidavit or otherwise, before the

5 Se ee Oe eomtines of

0 JOHN’. CURTIN,

United States District Judge.

: August 6, 1971.

|. Answer on Behalf of State Defendants.

“UNITED STATES DISTRICT COURT

Western District of New York

| Title Omitted. in Printing.)

e ibe delcadants New York State Department of Social Ser-

omices, George K. Wyman, New York State Department of

Baber, and Louis L, Levine, by their attorney, Louis J.

| Admit the allegations ‘contained i in paragraphs IT, 14,

16, 17, 19, 2wand 22 of the, complaint herein.

a On information and belief, admit the allegations.con-

ted; in paragraphs 4, 5, 6,.7, 8, 24, 27, 29, 30, and 32 of the

lain | herein... The. source of. their information and the

nds for their belief are affidavits of the plaintiffs sub-

Answer on Behalf of State Defendants.

mitted to the Court in support of an application for a Tem-

pordty Restraining Ordersi> opsrolis7 ot Fo tne

e. “Deny each” and every ‘allegation’ contained’ in

paragraphs 36, 37.38. 39, 40, and 41 OF the complaint NET

» 4aeds.t0 the allegations contained in paragraph. 1 of the

complaint herein, admit those allegations are the stated, pur-

pose of the action and state the claims of the plaintiffs, but

deny any conclusions as to the validity of the claims con-

tained therein which may be drawn from those allegations.

5... As to the allegations contained in paragraphs 2 and 3

of the complaint herein, admit that the jurisdiction of the

Court is invoked in this action as stated, but deny any con-

clusions as to. the validity of the claims therein stated which

may be drawn from those ihesatidn 7

6. As to the allegations contained in paragraph 9 of the

complaint herein, admit that the action is brought as stated,

but deny any conclusions as to the validity of the claims

therein stated which may be drawn from the allegations con-

tained therein and further deny that plaintiffs may properly

bring this action as a class action on the ground that

_ questions of law and fact affecting only the individual plain-

tiffs predominate over, questions of law of fact common to

the whole class as stated. |

7. As to the allegations:contained in. paragraph. 10 of the

complaint herein, admit the allegations thereof except allege

that the New York State Department of Social Services is the

sole final authority for the administration of the New York

‘Work Rules. 5 ith iseentoti

ve As to the allegations contained in paragraph 12 of the

complaint herein admit the allegations thereof? éxcept allege

that the correct title of the Der iment is the New York

2 9 date the allegations conthiived in paragraph 13 of the

complaint herein, admit the allegations thereof, except allege

that defendant Louis L. Levine is the Industrial Com-

Sli avapeasctsnane sive.\oechaplds toaahiet nome

gee the New York State Department of Labor.

10, As to the allegations of paragraph 18 of the com-

: herein, admit the allegations thereof, except that the

‘State Department of Social Services regulations are general

‘Batewide regulations and do not refer specifically to the in-

plaintiffs: herein or apply solely to Erie County.

“ nu. As to the allegations contained in paragraph 20

of the complaint | herein, admit the allegations

thereof, except allege that the flat grant provided under

ial Services Law, § 131—a does not include housing, fuel,

ica expenses’ or other specific types of expenses as

tm d in the regulations of the Department (18 NYCRR

52.1), and further allege thatthe standard of need for

ily of 6 is $329 per month (not $326), and further allege

t transportaion allowances have been provided by

u er See pene PTR TORO ts Se

Se ee nen.

t regulation in other instances where need is

y and further allege that the computation of basic

ds a enarere eens for row wires

, but is computed from Federal figures

i fie labial hatela GoriNented. 6-Maie York Same

sh figures include an annual allowance for trans-

2 hinhetaliiigs approximately $80 for a family of

42;

Answer-on Behalf of: State. Datesions

12. “As to the enajatinaaninnie paragraph 23 of the.

complaint’herein, admit the allegations thereof, except allege.

that the provisions of Section 350—k are not being, applied.

to ADC and ADC—U recipients and that only Home Relief.

recipients are.being referred to public works projects, and

further deny that the statutes | do not set standards for type of

_ work: provided or wages to be paid to recipients.

13. As ‘to the allegations contained..in paragraph 25

of the complaint ‘herein; admit the allegations thereof, ex-

cept allege that the correct title of the Department is the

Department of. Labor, and deny knowledge or information

sufficient to form a belief as to plaintiff's subjective reac-

tions.

14. As to the allegations scmaliaid in paragraph 26 of the

complaint. heréin,. admit the allegations thereof on in-

formation and. belief, except deny that plaintiff's ap-

pointment could not be scheduled so that she could make the

trip to. Buffalo in one day.

“15.: Asto the allegations contained in paragraph 28 of the

complaint admit the allegations thereof, on information and

belief, except deny knowledge or information sufficient to

ities a belief as.to plaintiff's subjective reactions.

16. Astothe allegations contained in paragraph 31 of the

complaint’ ‘herein, admit ‘the’ allegations ‘thereof, on. i-

formation and belief, except deny knowledge or information

suffic cient. to form: a belief as to oaegaets aes reac-

tions.

re “Aste. she silenetionss contained in ere BY 33 of the

complaint herein, admit, the allegations thereof, on in-

formation and belief, except deny knowledge or information

‘sufficient to. form a. belief as to plaintiff's subjective reac-

tions.

43.

Answer on behalf of State ‘Defendants.

_Asto the allegations contained in paragraph 34 of the

Omplaint herein, admit the’ allegations thereof on in-

ation and belief, except deny knowledge or information

ic: — ee geese oe reac-

PSR ar age in paragraph 35 of the

aint herein, deny knowledge or information sufficient

rm a belief as to the allegations contained therein, ex-

deny that ADC or ADC—U recipients may be referred

om Se works de ages or the Departmental

Dns.

OR A FIRST, SEPARATE AND DISTINCT DEFENSE

1 THE COMPLAINT HEREIN, DEFENDANTS

20. / Bros to the enactment of Chapter.102 of the Laws of

1971, acopy of which is attached hereto as Exhibit A, Social

erv ‘Law, $ 131 required “employable” recipients of

public stance to report semi-monthly to the nearest office

le State Employment Service for job referral. That sec-

sI 80 contained an exemption from the definition of em-

at of persons-unable to work by reason of age, health,

br other disability. Chapter 102 amended that Section in two

ects. First, it clearly defined the persons who would be

deemed not to be employable, as those persons rendered

f ‘to work: by reason: of. illness, significant and sub-

i iy mental incapacity, advanced age, full-

ince at school in the case of a minor, full-time

thold for. whom care is otherwise’ not reasonably

ble. Thus, for the first time, the statute actually ‘con-

FT TE ee Bead ae oe Ge Te Sec YS eR ERED Vee ye:

Answer on Behalf of State Defendants.

tained ‘a definition and standard for, determining which

public assistance ‘recipients; were or were not employable,

Contrary:to the-allegations of the. plaintiffs, Chapter 102

established the: first statutory. standards for that. deter-

mination and established: standards which are on their face

reasonable and fair. = |

21, Secondly, Chapter 102 provided that “employable”

public assistance recipients would, at the time. of their re-

porting for job referral. or employment counseling, have

their assistance checks personally delivered to them.. Not

only would that system provide an accurate method of de-

termining whether or not employable recipients were in

fact.reporting for job referral or counseling, but also would

assure those recipients of the receipt of their checks on a day

certain, without having to rely on the uncertainty of mail

deliveries, but would also tend to alleviate some of the

problem of check’ thefts. Recipients considered non-

employable by “reason of participation in a program of

vocational training or rehabilitation. are also required to

report'to the offices of the State Employment Service for job

counseling and for evaluation of their progress in the

training “or rehabilitation programs. At the time of such

reporting ‘they afte “also”"to have: their assistance checks

delivered to’: them. Chapter 102 has been implemented by Ad-

mittistrative Letters’ Nos. 71 PWD-34, 71 PWD—43 and. 71

PWD 52, copies of which are attached hereto as Exhibits.B,

C: and D. These letters establish: reasonable, fair and

adequate standards for the determination of employability

and the procedures for ‘referral of -employables: for job

‘referral and services. (0 |

_ 22, Chapter 101 of the Laws of 1971 (a copy,of which is

attached hereto as Exhibit E) amended Social ‘Services Law

Answer on Behalf of State Defendants.

sa enieh apis sncial: services district to provide for

¢ establishm -Of Public. Works Projects for the assign-

| of employable persons seceiving Home Relief, Such

rams would be established. either directly by the social

e 8 district or, by, contract, by the State Industrial Com-

ic . Public Works Projects established under the law

poe State and Federal requirements and are to be

vided for the conservation of work skills and/or the

der opment ‘of new skills of fecipients of aid. Persons

signed to such projects must be employable under the

of Social Services Law,’ 131, as amended, and

ision must also be made to permit such persons to seek

r employment or to secure appropriate training or re-

= ning where available, Chapter 101 has been implemented

bh y Administrative Letter 71 PWD—48, a copy of which is at-

d hereto as Exhibit F.

2 Both Chapters 101 and: 102\have been implemented by

rtmental regulations filed with the Secretary of State of

51 sat New York om July 30, 1971, a:copy of which is

hed hereto as Exhibit G. The Administrative Letters and

Departmental regulations provide definite, reasonable,

equate and fair standards for administration of the

is and accord to the plaintiffs and other recipients of

ce subject to those regulations due process of law.

A SECOND, SEPARATE AND DISTINCT

NSE TO THE COMPLAINT HEREIN, DEFEN-

‘TS ALLEGE: —

This Court. should abstain from a determination of

ues raised in the complaint until plaintiffs have pur-

administrative remedies available to them under State

The complaint and the affidavits in support of the

for a Temporary Restraining Order raise issues as to

Answer on Behalf of State Defendants:

whether oF nOt’ plaintiffs: have: been properly classified as

employable and as to whether or not alleged hardships

cannot be alleviated by rescheduling of appointments or by

other administrative determinations. If plaintiffs’ individual

situations may be $0 resolved’ then the constitutional issues

need not be reached for a euierfintiacisn cof the merits of

plaintiffs’ complaints. <

WHEREFORE, 2 respectfully request that this

Court enter a judgment dismissing the complaint herein and

declaring Chapters 101 and 102 of the New York Laws of

1971 to be. constitutional and valid.

Dated: August 13, 1971..

“LOUIS J. LEFKOWITZ,

‘Attorney General of the

State of. New York,

eo 298 State tr

Albany, New York 12224,

(518) 474-7173,

».- \ By Jean M. Coon,

_ > Assistant Attorney General.

Exhibit A Attached to Answer.

| | Bxhibitvas

_ STATE OF NEW YORK

(Imprint)

1971-1972 Regular Sessions

‘IN SENATE

April 6, 1971

Ch. 102

ed by COMMITTEE ON RULES—read twice and

‘printed, and when printed to be committed to the

ittee on Social Services

AN ACT

S's mend the social services law, in relation to employable

recipients of public assistance

_ ‘The People of the State of New York, represented in

inate and Assembly, do enact as follows: _

tion 1. Subdivision four of section one hundred thirty-

Of the social services law, as amended by chapter one

ed eighty-four,of the laws of nineteen hundred sixty-

‘is hereby amended to read:as follows: |...

.. No assistiince ot cate shall be givén to ab eitiployable

jon who “has not registered ‘With the nearest lotal em.

EXPLANATION—Matter in italics cts new: matter in brackets {_] is old law to be

Exhibit A Attached. to Answer.

ployment agency of the department of labor or has refused

to accept employment in which he is able to engage.

A person shall be deemed to have refused to accept such

employment if he: — Nanna)

a. failsto obtain and filé with the social services district

at least once in every two-week period a new certificate from

the appropriate local employment period a new certificate

from the appropriate local employment office of the state

department of labor stating that such employment office has

no order for an opening in part-time, full-time, temporary

or permanent employment in which the applicant is able to

engage, or

b.. wilfully fails to. report for an interview, at an em-

ployment office with respect to employment when requested

to. do so by such office, or

c. wilfully fails to report to such office the result of a

referral to employment, of

d. wilfully fails to report for employment. Such wilful

failures or refusal as above listed shall be reported im-

mediately to the social services district by such employment

office.

[This shall not apply to persons who cannot register with

such employment agency because of age, health or other

disability.) cy : |

For the purposes of this subdivision and subdivision five, 4

person shall be'deemed employable if such person is not ren-

dered unable to work by: illness or significant and sub-

stantial incapacitation, either mental or physical, to the ex-

tent and of such duration that such illness or jrtcapacitation

‘prevents such person from performing services; advanced

Exhibit A Attached to Answer.

full-time attendance at school in the case of minor, in

accordance with provisions of this chapter; full-time,

satisfactory participation in an approved program of

‘Vocational training or rehabilitation; the need of such person

to provide full-time care for other members of such person’s

household who are wholly incapacitated, or who are

‘children, and for whom required care is not otherwise

reasonably available, notwithstanding diligent efforts by

Such person to obtain others to provide such care. A person

‘“Wssigned to and participating in a public works project under

‘the provisions of section one hundred sixty-four or three

hundred Sifty-k of this chapter shall be deemed to be em-

Ployable but not employed.

_ Every employable recipient of public assistance or person

who is deemed not to be employable by reason of full-time

satisfactory participation in an approved program of

vocational training or rehabilitation shall receive his public

‘asi e grants and allowances in person from the division

Of employment of the state department of labor, in ac-

tordance with regulations of the department.

‘This act shall take effect July first, nineteen hundred

Seventy-one.

SEE

Exhibit. B Attached to. Answer.

Exhibit B.

STATE OF NEW YORK

Department of Social Services

1450 Western Avenue

Albany, New York 12203

George K. Wyman

Commissioner

Transmittal No.:.. 71 PWD—34

‘Date: May 13,1971

ADMINISTRATIVE LETTER |

To: Commissioners of Social Services.

Subject: Employable Recipients of Public Assistance.

Distribution: B—5 Public Assistance Executive and

Supervisory Staff.

Chapter 102 of the Laws of 1971, effective July 1, 1971,

amends Section 131.4 of the Social Services Law. The

amendments contain three significant additions:

1. The statutory definition of “employable” is as follows:

A person shall be deemed employable if such person is

- not rendered unable to work by:

(a) illness of significant and substantial in-

capacitation, either mental or physical, to. the extent

and of such duration that such illness or in-

capacitation prevents such person from performing

Exhibit B Attached to Answer.

ee , (b) advanced age.

minor, in accordance with provisions of the Law. (N.

> B> thie ts interpreted not to include emancipated

minors.)

exe

a (d) full-time, Satisfactory participation in an ap-

: Proved program of vocational training or

~~ rehabilitation.

ee (e) the need of such person to provide full-time

gare for other members of such person’s household

who are wholly incapacitated, or who are children,

and for whom required care is not ‘otherwise

reasonably available, notwithstanding diligent efforts

by such person to obtain others to provide such care.

(2 A person assigned to and Participating in a public

‘works project under the provisions of sections 164 or 350—k

‘of the Social Services Law shall be deemed to be employable

t not employed.

. Every employable recipient of public assistance or

ion who is deemed not to be employable by reason of

-time satisfactory Participation ‘in an approved program

vocational training or rehabilitation shall receive his

Ic assistance grants and allowances in persOn from the

on of Employment of the State Department of Labor.

he “Department, in cooperation with the State Labor

artment, is préently developing regulations, policies

Procedures to implement this Law as of July 1, 1971. As

: are developed, we will further advise you. _

order that each local social services district have as

time as possible to Prepare for the orderly im-

Exhibit B. Attached to Answer.

plementation of the Law, ‘the following. steps. should be

initiated immediately so that they are completed by no later

than Tune 30, ASTI:

. Each social actvicws dieda shall maedianele review

its pci caseload to insure that its roster of HR and

ADC employables is up to date. The roster shall be kept

current ‘by additions and deletions as they occur.

B. In addition, the following type cases shall be

separately identified:

da Fhe: ‘enehonshin” not. deemed. to. be employable

because of participation in an approved program of

vocational training or rehabilitation; i.e., WIN, MDTA,

etc. (See Bulletin 26, page 7 for other examples). If the

“employable”’, person is not the grantee, his relationship

- shall be specified.

2, The grantee is “employable”, and there are one or

more other “‘employables” in the family. The relation-

ship of the other “employables” to the grantee shall be

specified.

iow The grantee is not “employable” , but there are

“employables” in the family; ie., an instance of a

disabled ADC mother with an “employable” 17 year old

- gon; etc. The relationship of the * siete to the

grantee shall be specified. :

C. In-each case where there is an “employable” male

head-of-family, he: shall. be made grantee for the family

grant, if he is: not presently the grantee. .

D. Since the “employable’s” Social Seciarthy: Account

number will be used as an identifier, all individyals age |4

and over are required to possess a Social Security Account

number.

Exhibit C Attached to Answer,

‘Account number for those individuals not now Possessing

‘ne will be released within the next few days.

Behe. GEORGE K. WYMAN.

Commissioner.

Exhibit C.

STATE OF NEW YORK

Department of Social Services

1450 Western Avenue

Albany, New York

GEORGE kK. WYMAN

Commissioner

Reis Transmittal No.: 7} PWD—43

&- Date: June 9, 1971

bx:

‘ADMINISTRATIVE LETTER

4,10: Commissioners of Social Services.

, Subject: Work Reform: Policy and Procedure for

Referral of Unemployed Employables to the New York

State Department of Labor for Check Delivery and

eceipt of Employment Services. |

istribution: B—2 General . Administrative Staff

cial). bad

u know, the Laws of 1971 Place a renewed and ex-

‘Panded emphasis on restoring all employable recipients of

Public assistance to employment in the regular economy, Ac-

itdingly, all unemployed employable persons applying for

Exhibit C Attached to Answer.

or receiving public assistance are not only required to

office in their community, and report there regularly for ap-

propriate employment counseling services and job referral,

but, effective July 1, they will also pick up their assistance

checks there. The penalty for not cooperating in this

procedure is ineligibility for public assistance whether the

individual is the grantee head of family, single person living

alone, or non-grantee non-head of family.

The Law places the full responsibility for the deter-

mination of employability and for the required action in ap-

plying sanctions for failure to cooperate in the process on

the local: social service agencies. It is the intent of the

Legislature that the services required to implement the

various provisions of the Law be a top priority activity in

social service agencies and that the necessary monitoring of

the program to provide the report data necessary for

evaluation be an inherent part.of the entire process.

To assist you in implementing and evaluating the legal

requirements, this Department has had a series of discussions

and clearances with the New York State Department of

Labor and the Social Security Administration. We have

reached agreement regarding the basic components and a

standardized procedure which will assure uniform, effective

processing and reporting operations state-wide. Obviously, it

will be necessary for you to establish close working relation-

ships with the local offices of these agencies to assure that

everything possible is done to achieve an orderly work flow

so that the objective of the law to restore employable

recipients to employment may be accomplished without con-

fusion, or harassment to the recipients. Because‘of the wide

variations in workloads throughout the State, Some minor

‘adjustments in the procedures outlined may be necessary a

Exhibit C Attached to Answer.

mtion so that this intensified effort toward employment

in be operative by July 1.

GEORGE kK. WYMAN,

Commissioner.

POLICIES AND PROCEDURES FOR

"ERRAL OF UNEMPLOYED EMPLOYABLES TO

THE NEW YORK STATE DEPARTMENT

S _ OF LABOR.

: latroduction,

Administrative Letter 7) PWD—34 provided

reliminary information concerning amendments to

Exhibit C Attached to Answer.

.. “Section 134:4-of :the/Social Services Law. Subsequently,

.- “Ghapter 298 of the: Laws of 1971 amended the same sec-

tion of the Social Services Law to provide that:

~ (a). Recipients are required to report semi-

month 16 the Employment Service.

‘(b). The Social Services Department, as well as the

recipient, is charged with the responsibility to exercise

diligent effort to secure child care for — em-

. ployable dea ram

2 Purpose.

The purpose of Section 131.4 is to restore all em-

ployable recipients of public assistance to employment

_in the regular economy. To accomplish this, the Law

specifies certain responsibilities to bé met. by all social

services districts apd: recipients, as follows:

(a). Social services districts are required to assess

the employability of all applicants and recipients be-

tween the ages of 16 through 64 and to determine, in

accordance with specific criteria (See Section B),

those recipients who are employable and unemployed.

(b). The State Employment Service is responsible

for, the -provision.. of manpower services and job

_ placement mm at erieeny who are deemed em-

ployable..

report to the New York State Employment Service on

a semi-monthly basis for ‘manpower ‘services, cer-

tification, and receipt of their regular semi-monthly

Exhibit C Attached to Answer.

BOO gD AN unemployed employable non-grantees are

“required to report to the State Employment Service on

ee “a semi-monthly basis for Manpower services and cer-

Sie * (e) All unemployable persons in -YOcational

; : ¢. Maining or rehabilitation are required to report to the

Wie State Employment Service on a semi-monthly basis

ys for a review of their Progress in training, necessary

a .. , Manpower services, and receipt of their regular semi-

i monthly grant of assistance, if they are the grantee.

iB , Department Policy.

begs

All ADC or HR applicants or recipients age 16 and over

shall be deemed employable except by reason of:

4 (a) Full-time employment;

ws) Attendance at school full-time for a minor

‘Other than an emancipated minor;

= (c) Attendance full-time in grade or high school

->>> for an emancipated minor; picks

(d) Full-time, Satisfactory Participation in an ap-

_ Proved program of vocational training or

_fehabilitation, which shall include but not be limited

to Participation in the Work Incentive Program and a

___ two-year college program with a Specific vocational

Exhibit C Attached to Answer.

_.. (f) - Mental or physical illness or incapacity which

_ has been medically verified to be of a significant or

substantial nature so as-to prevent such person from

engaging in employment; age shall be a basis of unem-

ployability only when it has been verified that the in-

dividual would be potentially | hazardous to himself or

‘others with whom he is associated; and persons with a

history of drug addiction shall be deemed employable

only: ‘when determined medically to be free of drug

‘use, or participating ina methadone maintenance

"| program or ‘rehabilitation program; or,

(g) . The need of such person to provide full-time

care for other members of such person’s household

who are verified to be wholly incapacitated or who

are children, and for whom required care is not

otherwise reasonably available, notwithstanding

diligent efforts by such person and the social services

district to obtain services or the assistance of others to

provide such care. .

2... Social. Security Numbers.

All persons age 14 and over shall be required to have a

social security account number.

3. Medical Information.

Medical verification of illness or incapacity shall in-

_ clude information about:

(a) The anticipated duration of unemployability;

(b) The: persons’s limitations, if.-any, as to the

agi kinds of .work: in which: -he.may engage and the

maximum number of hours which he may york, and,

(¢) What medical treatment, if any, is indicated to

correct or ameliorate his condition.

Exhibit C Attached to Answer.

4. Employability of Drug Addicts.

“UE eaeeese

_(@) Persons with a known history of drug

use are mot to be referred to the State Em-

_ ployment Service in the absence of a medical

__ Statement of freedom from drug use or medical

Verification of ‘the individual’s Participation in a

methadone ‘maintenance program or rehabilitation

" program.» Sh

(b) If an individual has a history of drug use and

is unable to provide necessary medical verification to

meet the requirements of the State Employment Ser-

vice, he shall be referred to a treatment agency. If he

is known to’ or has a preference for a particular

tecognized agency, his choice shall be given con-

sideration. If enrollment in a treatment agency of the

client’s first choice is not available within a month, he

must choose an enrollment in an agency where

placement is immediately available until an opening

_. May occur for his original preference.

recognized agency or makes himself unavailable for

treatment shall be considered ineligible for assistance.

Employment of Mothers and Provision of Day Care.

_ {@)__The presence of children in the home shall not

__. in itself be a basis for determining that a mother (or

Other female caretaker relative) is unemployable. It is

___ the policy of the Department to require such persons

to accept employment or training when not ill or in-

~~ tapacitated or otherwise excluded by the Definition

-*of*Employable. ~ oan

Exhibit C Attached to Answer.

(b) Such a person.shall be required to accept em-

ployment. or training leading to self-support unless

her presence in the home is essential for the care of

“her children or ‘othet incapacitated members of the

“family.

©), ie < Bla cg i et

provide full-time care for other members of her

household who are fully incapacitated or who are

— the social Services official shall consider:

a). The nature, and. extent of the incapacity,

"what effect the mother’s absence would have on the

_. health and welfare. of the incapacitated person;

_ whether other services or the assistance of others is

available, and whether such alternative plans would

adversely affect the incapacitated person.

(2) The number of children in the home, their

respective ages, the existence of illness, handicap or

special’ needs; what effect the mother’s absence

would have on health and welfare of the children;

»» - whether, an adequate plan of child care is available;

and_ whether such plan of child care would ad-

versely, affect, the health and welfare of the

children.

(d) niche. santhes's areennce. in the home is not

"essential, the only deterrent to her engagement in em-

tes ‘ployment: or training shall ‘be the absence of an

adequate plan of care’ for the children.

voce fe), A. social. services. official shall .be required to

“ make a diligent effort to provide adequate day care to

facilitate. the mother’s employment and meqjning.

(f) The mother ‘shall ‘be required to make a

diligent effort to obtain necessary child care. She

Exhibit ‘C Attached to Answer.

Shall” verify ‘such’ effort by’ provid ing a written

“declaration Periodically to this effect.

(g) The mother shall be involved in developing the

_ Child care plan, and:when day care is to be provided

_ "by the social services official and alternate types of

" , Gare‘are available, shall agteé’to type of care to be

(h) Social services officials shall be responsible

_for the development of sufficient, adequate day cate,

and in particular, the development of family day care

(i) Social services officials shall be tesponsible for

insuring that group day care facilities Used by them

have been licensed and that in-home day care meets

federal and state standards,

(a) All unemployed employable applicants for

assistance shall be referred to the State Employment

Service for manpower services and certification prior

to the granting of assistance.

.. (b) All unemployed employable recipients shall be

referred to the State Employment Service on a semi-

_. . monthly basis for manpower services and cer-

_. tification, . Te

“(c) All unemployed. employable recipients

_ __- Y@cational training or rehabilitation shall be referred

_f0 the State Employment Service on a semi-monthly

basis for a review of their progress jin training,

necessary manpower services, and certification.

)

Exhibit C Attached to Answer.

.» 4d)... Reporting, will be on: a spaced basis during the

semni-mom tly period, as specified, in the procedural

sentir:

_(e). ra person. “assigned to and. participating in

— Work. Relief. (Public Work. Project) under the

provision of. Section 164 of the Social Services Law

shall be deemed employable but not employed.

7.. Delivery of Checks. .

(a) “All unemployed camtoiabts grantees, in-

‘cluding those participating full-time in an approved

program of vocational training or rehabilitation shall

be required to pick up their regular semi-monthly

public-assistance check. at the time of their reporting

to the State Employment Service.

(b) The State Employment Service will release the

check to the grantee if he appears for delivery. If the

grantee fails to comply with the law, the State Em-

ployment Service will immediately notify the social

Services district. of the non-compliance for ap-

propriate action and sanctions by the district.

fc) Those unemployed employable recipients and

those: ‘who. are in a full-time approved program of

“vocational training or rehabilitation, who are not

“grantees, shall be required to report to the State Em-

ployment ‘Service for a review of their progress in

training and necessary manpower services on a semi-

monthly basis: The family’s assistance check will be

delivered to the grantee in the usual manner.

‘8, Failure of Applicants or ‘Recipients to Comply With the

Requirements and Sanctions to be Applied. .*

Exhibit C Attached to Answer.

om *-a) “Genétally; the provisions found in Department

©" Regulations 385.5(c), 385.6, and 385.7 are applicable.

(See Bulletin 26, pp. 11, 12, 13,14)

| 4b) Specifically, a person shail be deemed to have

~ ‘fefused to comply with the Tequirements of the law,

and he shall be considered ineligible for assistance or

care if he fails, without good cause, to:

(1) Report to the SES;

(2) Accept a referral:

(3) Report to the SES the results of a referral to

employment;

(4) Accept employment or training;

(5) Report for employment or training; or,

(6) Continue in employment or training.

made by the social services district immediately upon

notification of the recipient's failure to comply with

the law. Such determination shall be made on the

basis of the recipient’s continuing employability in ac-

cordance with the Definition of Employable, and in

> the instance of a job refusal, such determination shall

____ be made in accordance with Department Regulation

385.6 (Bulletin 26). If the failure was without good

cause, his assistance shall be terminated, or in the in-

____ Stance of an &pplicant his application shall be denied

- ‘im accordance with the provisions of Department

- Regulation 385.7 (Bulletin 26). Such person shall con-

» tinue to_be ineligible for further assistance until such

_ time_as he is willing to comply with the requirements

of the law, but:

Exhibit C Attached to Answer.

oe cee (A) A recipient’shall, not, be eligible for any

deo) _ assistance. for a period of one ‘month from the ter-

“mination: of assistance. ,

. Q). An applicant. shall. not be eligible for one

J sions fromthe time of his failure to comply.

‘9. Schedule for’ Implementation.

(a) By no later than July 1, 1971, all recipients of

HR, ADC, and ADC—U who are currently classified

as unemployed employables shall be referred to the

appropriate State Employment Service office.

“(b). Immediate assessment of all new applicants

for HR, ADC, and ADC—U, and immediate referral

of all found to be ‘employable.

~ (c¢) © Priority shall be given to the assessment, iden-

tification and. referral of all other HR and ADC

males under 50 years of age who are not now

classified | as employable.

(d) At the point of next recertification or next

. contact, whichever. is..earlier, all other ADC,

ADC-—U, and-HR cases shall be reviewed to identify

other.employables (i.e., mothers, youths becoming 16,

males over 50 and others whose employable status has

_ changed),

’ Procediires.”

+e ‘Screening.

“Th accordance slate ‘Ajith iktetive Letter n PWD—%¥4

and 1. A.2. and B. of this letter the local social services

- districts must rescreen their current cases to identify em-

pena ‘This screening must be completed prior to

July 1, 1971.

Exhibit C Attached 16 Answer.

‘B. The Use“of Social Security Numbers.

1 Ttis essential that Social Security numbers be ob-

tained quickly since unemployed employables must have

: @ Social Security. number in order to become employed.

"2 Untimately, Social ‘Security ‘numbers’ wilt be used

as the identification number for State Employment Ser-

" ~ vice and the basis for setting up appointments with State

"Employment Services for services and check pick up as

napintas in patagraph II. C. 1’ (a) (2). As of July: I,

“1971, such Social Security numbers may be so used only

“if all “of an agency's’ unemployed employables have

“ih Social Security ‘numbers. Otherwise, case numbers will

be used in their place'for the interim period. The local

* “Employment Office shall be advised of what numbers

are to be used effective July 1, 1971.

sat The following procedures for _Obtaining Social

_ Security numbers are to be followed:

ny ne ep eee ee oreo

_ Social Security numbers must be Obtained for all ap-

= plicants and others in their families who are 14 years of

_ -88¢ OF Over, regardless of category as they apply for

rmerly (WS-11) at the time

“of application: Any individuals who do not have Social

curity numbers or who cannot find them must obtain

Exhibit C Attached to Answer.

them in the manner,described. for undercare. recipients

below.

i Recipients—HR nid ADC.

’ A Social’ Security account number is also required for

all persons 14 years of age and over. Agency records

must’ be screened immediately for. such numbers. For

those ‘individuals for whom a Social Security number is

not found, a careful plan should be made in the agency

-so that the next Social Service employee to be in touch

with. the family will deliver a Social Security Number

Application Form (SS-5, Exhibit 1). In separated agen-

cies, any member of the Social Service Team, as well as

‘Volunteers or Outreach workers may take up the matter

of the Social Security number since employment is an

appropriate Social Service function.

At the time of the contact, the following sources might

be checked to obtain the individual's Social Security

number:

~A Social Security Card;

Recent Income Tax Return;

~« Withholding: Statement, W-2;

- Unemployment Insurance Card; and

Pay stubs from former employers.

If this effort still does not produce a Social Security

numbef, an Application Form (SS-5) should be prepared

+ mmediatéely. The individual should be assisted in com-

_ pleting and signing the Application Form, together with

-’an authorization to the: Social: Security Administration

for the release ofthis information for Home Relief

_ - eases (Exhibit 1-B). When preparing the SS-5 Form, each

. item of information’ is*required since the" application

is gk neat

= 67

Exhibit C Attached to Answer.

“©? Will'00t'be procesied it te incomplete. If any'of the in-

formation requested is not known, the word “unknown”

|. seatibe insened the blank space so. that the Ap-

lication, Form will be considered complete.

the Social Services agency and the transmittal date, and

- list the recipients for whom Application Forms, SS-S,

are being forwarded. Cases shall be listed in

"alphabetical sequence. Thé public assistance case num-

~ ber must be indicated next to the recipient’s name. In

_ Order to speed up processing, it iS suggested that ap-

» plications for persons 16 years of age and under be bat-

» ched ‘separately, since. processing time for these in-

» dividuals is shorter, _

In ‘about’ two ‘weeks time, the ‘local Social Security

__ District Office"Should receive a reply from Baltimore

‘and will list each individual's assigned Social Security

and ADC recipients shall be entered on agency records

as described above in the procedure for applicants.

Exhibit C Attached to Answer.

: Refearat of sompacsiestae to State sienna Ser-

vice. | be ans

~ (a) Exhibit’8 is’ a’ iiggbn ct letter to schedule ap.

pointments for HR’ and ADC employables to come in

_ for an employability assessment and Signature ID Card

when necessary.

(1) ‘Prepare “Referral to New York State Employment

Service” (DSS-1653; see Exhibit 2 attached) in duplicate.

Original is hand carried by grantee to New York State

Employment’ Service. Duplicate is filed in Eligibility

Record. Instructions for preparation of Form-1653 are

b gloearmrag on ‘the reverse of the form. :

(2)” Assign a reporting date and time. State Em-

ployment Service District offices will make

available to each Social Services officer by June

1S, 1971, the final calendar schedule which is to be

_used by each district for assigning reporting dates and

times. You will find in Exhibit 3 a model of sucha

You will note.in. some instances, up to a3

me lag beyond the normal semi-monthly period.

This perio. of time should not be exceed in making a

~ local adaptation of this model.

Each local Social Services office shall contact the

State: Employment Service office servicing them and

agree on the use of Social Security numbers or case

Mumbers for .identifying and referring unemployed

employables. A district shall use either a Social

Security number or a case number, but not both.

») (3) "Section 131 of the Social Services Law 4s

“amended by Chapter’ 103, requires the* jssuance of

‘photo identification cards for persons to whom public

‘Exhibit C Attached to Answer.

_ assistance payments are to be paid. An administrative

__,, Aetter will be released in the near future to implement

a , this procedure. However, if the grantee hasn’t been

issued a photo ID card before he reports to New York

__. State Employment Service, he should be given a

Signature ID Card (DSS-1767, Exhibit 4), as a tem-

"porary ‘measure ‘for ‘use’ until a photo ID card is

~~ issued. (Agency may-use an approved local equivalent

where Signature ID Cards are already in use).

All: employable persons requiring a Signature ID

= Card will have to report to the local Social Services

-» ». agency for issuance. The employable shall sign in

1) = the presence of an authorized official and then the

_ > .s) official will validate the card by signing. The local

oe sx Social Services agency shall transmit, to Em-

.. § ployment Service, in a letter signed by the Com-

_- . missioner or his designee, a list of those persons

» . and their signatures who are authorized to validate

_ ». Signature ID Cards. This list should be sup-

/ » » plemented with additions and deletions as they oc-

é cur.

if way

... @ An “Authorization of Grant” (DSS-638) to

issue a special cast grant covering the interim period

from July 1, 1971 through the date on which the gran-

e ' tee first reports to the State Employment Service shall

"be prepared. Reporting dates are determined as ex-

"plained ‘above, A notice shall be sent to the grantee

~ with this spe@ial check informing him that this check

% is to cover the period from the first of July 1971

_ through his first reporting date, and information that

‘all future checks in the regular amount’ will be

distributed by the New York State Employment Ser-

4 vice at the time of his semi-monthly employment ser-

Exhibit C Attached to Answer.

, NOTE: cnepky

(i) The program designation on the DSS-638 shall

- have an “E™ suffix to identify the case as containing

_an employable. (ADC-E, HR-E).

_.(2)) Accounting will continue to issue semi-

- monthly checks.on the first and. sixteenth of the

month. The period of the check will be coordinated

with referral cycle.

(b) Employables other. than. grantee presently on

assistance...

(1) Prepare Form DSS-1653—‘“Referral to New

York State Employment Service” in duplicate. The

original is hand carried. by the employable to the New

York State Employment Service. The duplicate is to

be kept on file by the agency for matching with Form

ES-28 which will be originated by the State Em-

ployment Service for all persons receiving em-

ployment services. Instructions for preparation of

Form DSS-1653 are contained on the reverse of the

form,

(2) Assign a reporting date as outlined in

paragraph II. C. 1. (a) (2) above.

(3) Issue this employable a “Signature ID

Card” —(DSS-1767, Exhibit 4) as outlined in

paragraph Il. C: 1. (a) (3) above. At the time of

issuance of the Signature ID Card the employable

_other than grantee shall be informed that he will not

_ pick up acheck at State Employment Service, but must

report semi-monthly on the assigned reporting dates

as a condition for his continuing eligibitify.for public

assistance.

Exhibit C Attached ‘to Answer.

“2 Applicants for Public ‘Assistance.

_ @) Applicant (Head of Family) Who is Deemed Em-

|G). Prepare two copies of “Referral to New York

gt State Employment Service” (DSS-1653, see Exhibit 2

|} attached). The original copy is hand carried by the ap-

__. Pplicant to the New York State Employment Service as

aie 8 prerequisite for eligibility for public assistance.

eet!) MOTB

ae Emergency grants may be issued. in verified

emergencies where applicant gives evidence of

Bey ~ cooperating. rm

pede '

om (2). Applicant hand carries the “Services to Social

Services Client” form (ES-28 see Exhibit 5 attached)

sag Originated by the New York State Employment Ser-

"vice to the Social Services Department.

(3) Application process is continued and an in-

terim grant (DSS-638) is prepared to carry the case

‘through the first regular reporting Wate for State Em-

ployment Service service contact.

« ,@)_ Issue a “Signature ID Card” (DSS-1767 see

_ Exhibit 4 attached) as outlined in paragraph II. C. 1.

(a) (2) above.

_, (5) Assign him a regular reporting date for report-

_ing to NewsYork State Employment Service in ac-

cordance with Exhibit 3 attached. i

(b) Other Employable Persons included in the Ap-

plication for Public Assistance. —

Exhibit C Attached to Answer.

‘ (1) If other presumptive employables other than

the grantee are not present at the time of application,

it is the responsibility of the applicant to see that they

report to the Social Services office for evaluation of

employability. Prepare a’ DSS-1653 in duplicate, for

éach employable and instruct him to report to New

York State Employment Service immediately with the

original copy of the form.

~"Q) The employable hand carries the “Referral to

New York State Employment Service” (DSS-1653) to

the Employment office. Following his Employment

Service contact, he hand carries the “Services to Social

Services Client” Form (ES-28, see Exhibit 5 attached)

originated by New York State Employment Service to

the Social Services Department as evidence of having

reported as required.

(3) Until the ES-28 is.ceceived by the Department

of Social Services, the needs of the employable shall

not be included in the grant of public assistance.

(4). When the ES-28 is received by the Department

of Social ~Services, the employable is assigned a

regular reporting date for reporting to New York

State Employment Service as Outlined in paragraph Il.

C. 1. (a) (2) above.

(5) Issue a “Signature ID Card” (DSS-1767, See

Exhibit 4 attached) as Gatlined in paragraph II. C. 1.

(a) (2) above.

D._ Preparation, of Payment Rolls for Cases which con-

tain Employables. (See Exhibit 6). "

1. Ali HR, ADC and ADC-U cases with unesiployed em-

ployables shall, as of July 1, 1971, be issued assistance on 4

Exhibit C Attached to Answer.

i-monthly basis. These cases with “E” designations shall

isted on separate rolls.

place of the usual semi-monthly rolls, for payments to

, ADC, and ADC-U cases with unemployed employables,

dual daily rolls in case number order shall be prepared

'dance with their reporting dates at the local Em-

ment Office. The assistance checks shall be attached to

Fespective daily rolls.’If there is more than one: Em-

rent Office servicing a Social Services district, separate

‘shall be prepared for each State Employment Service

» The daily rolls shall be summarized by semi-monthly

eriods and then: éarried forward to the regular monthly

] haries to prepare monthly claims. Separate refund and

ancenation rolls shall be prepared for cases with “E”

‘Mesignations.

re a district normally lists all of its categorical cases

one roll, this procedure may be followed in preparing the

'y rolls for cases with unemployed employables.

’ The daily reporting sequence is determined as outlined in

hibit 3. This determination shall be made at the time the

ization is prepared. The location of the State Em-

yment Service Office and the date and time of reporting

il be listed thereon. |

DC-E, ADC-U-E and HR-E payments. Three copies of

i must accompany the checks transmitted for the first

teenth day of the month. Rolls and checks must be

Exhibit C Attached to Answer.

(1) If other presumptive employables other than

the grantee are not present at the time of application,

it is the responsibility of the applicant to see that they

report to the Social Services office for evaluation of

employability. Prepare a DSS-1653 in duplicate, for

‘each employable ‘and-instruct him to report to New

York State Employment Service immediately with the

original copy of the form.

(2) The employable hand carries the “Referral to

New York State Employment Service” (DSS-1653) to

the Employment office. Following his Employment

Service contact, he hand carries the “Services to Social

Services Client” Form (ES-28, see Exhibit 5 attached)

originated by New York State Employment Service to

the Social Services Department as evidence of having

reported as required.

(3) Until the ES-28 is received by the Department

of Social Services, the needs of the employable shall

not be included in the grant of public assistance.

(4). .When. the ES-28 is received by the Department

of Social Services, the employable is assigned a

regular reporting date for reporting to New York

State Employment Service as outlined in paragraph Il.

C. 1. (a) (2) above.

(5) Issue a “Signature ID Card” (DSS-1767, See

Exhibit 4 attached) as outlined in paragraph Il. C. I.

(a) (2) above. |

D. Preparation of Payment Rolls for Cases which con-

tain Employables. (See Exhibit 6). -

1. AN HR, ADC and ADC-U cases with unemployed em-

ployables shall, as of July 1, 1971, be issued assistance On &

Exhibit C Attached to Answer.

mi-monthly basis: These cases with “E” designations shall

be listed on separate rolls. :

In place of the usual semi-monthly rolls, for payments to

HR, ADC, and ADC-U cases with unemployed employables,

ndividual daily rolls in case number order shall be prepared

¥ accordance with their reporting dates at the local Em-

yment Office. The assistance checks shall be attached to

Fespective daily rolls. If there is more than one: Em-

nent Office servicing a Social Services district, separate

shall be prepared for each State Employment Service

he daily rolls shall be summarized by semi-monthly

ods and then carried forward to the regular monthly

amaries to prepare monthly claims. Separate refund and

von rolls shall be prepared for cases with “E”

ere a district normally lists all of its categorical cases

one roll, this procedure may be followed in preparing the

Payment rolls and checks shall be Prepared and trans-

ited On a semi-monthly basis. A footnote entry shall be

lade on the ADC Schedule A and on Schedule C listing the

‘tal payments and total refunds and cancellations relating

WADC-E, ADC-U-E and HR-E payments. Three copies of

Me roll must accompany the checks transmitted for the first

id sixteenth day of the month. Rolls and checks must be

Exhibit C Attached to Answer.

transmitted to New: York.State Employment Service not less

than two working days piror to, the earhiest.check..delivery

Be One copy of the rollwill. be signed by the cashier in

the New. York State Employment Service and immediately

transmitted ‘back to, Social Services as acknowledgement of

_ 4.” When a client reports to ‘New York State Employment

Service for his service contact his check will be reieased to

him’ and he will be required to sign the roll in duplicate as

acknowledgment of receipt of his check. One copy of the

roll with client’s signature will be transmitted back to the

Social Services district along with any undistributed checks

_not more. than forty-eight hours after the scheduled report-

ing date. The remaining copy of the roll will become the

New York State Employment Service's control. Rolls should

be double spaced to insure sufficient space for a signature.

E. “Services to Social Services Clients” Form (ES-28)

and returned Checks Not Released.

_. 4, Reports from New York State Employment: Ser-

vice—The “Services to Social Services Clients” Form (ES-28)

will be originated by Employment Services for-each contact

with.a Social Service client (see Exhibit 5).

2. When New York State Employment Service indicates

Gg) Refused services except check delivery;

“"*(b) Failed to report to employer for in-

'““(@) Failed to report for work; Ay,

(d) Rejected by employer;

-_'(e) Refused job;

- Exhibit-C: Attached to’ Answer.

au ‘(f) Refused referral;

a (g) Refused ‘training;

ee vat Failed to report for. training;

és When “Services to Social Services Clients” Form (ES-

28) are received in Social Service Department, they must

feceive a priority review so that appropriate action (as

Specified in E) can be taken immediately. In separated agen-

cies, this will be the fynction of the Income Maintenance

Sectio on. In agencies not yet separated, caseworkers must

4 _ Checks returned from the, New York State Em-

ployment Service shall be transmitted to the Accounting Sec-

ion for safekeeping until appropriate action is taken to

ease Or cancel them. Required action to reduce the grant

Of close the cases of individuals who fail to cooperate with

the fequirements of the law regarding employment and em-

eh emnrine shall be taken immediately in separated

encies by the Income, Maintenance Section and in non-

s »agencies by, the designated casework staff in ac-

Milietcte ke inebecteactcontcner

5. In the case of non-grantee unemployed employables,

Social Services districts shall file copies of Forms DSS-1653

by reporti date. As Forms ES-28 are received for non-

r. itee employable their ‘copy of Form DSS-1653 ‘shall be

novec ‘up ‘to their next State Eniployiment Service reporting

ite. In Tn communities where there is a known problem with

‘delivery of mail, the agency may wait’ a period Of up to

ys before applying the sanctions referred to paragraph

tt . to the ‘Forms DSS-1653 femaitiing im their original

Exhibit C Attached to Answer.

reporting dates indicating they did not — to State Em-

ployment Service. -

Extreme care must be taken that the “inventory” of Forms

DSS-1653 contain at all times only the active non-grantee

unemployed employables. Copies of Form DSS-1653 for

such applicants shall be added and, in cases where for

various reasons (employment, injury, etc.), a non-grantee is

no bilerta an Legon the individual Forms DSS-1653 fog

be removed.

The. docat Social esviee agency, ie. required, to, take. im-

mediate action to either remove the individual unemployed

employable recipient from the total budget, or close the case

or in the instance of an applicant ty deny assistance when a

report from the New York State Employment Service in-

dicates that the individual concerned has failed to comply as

défined in’ 1. 'B. 8. of this letter.

ie ‘Applicants.

Applicants who refuse to register at the New York State

Employment Office; who refuse a job offer, or who

refuse a referral to a job must be advised immediately,

by the Social Services Department, that they are not

eligible for public, assistance, .

2 ‘Recipients.

Employable recipients who. refuse to register; refuse to

.., Feport regularly as required; refuse a job referral; or

ai refuse to accept a job offer must be advised immediately

__ that they are not eligible for, public assistance and that

_ they will be removed from the budget, or, in‘the case of

a single individuals, their case will be closed. The present

pe 7 7

eek

Sse .

Exhibit C Attached to Answer.

=. Tequirements relating to fair hearings and pre-

termination interviews must be observed. (See Bulletins

9b and 28). See Exhibit 9.

= 3A change in authorization to effect the action

_ fequired in LB. 8. (c), must be processed immediately.

G. _ Reporting Requirements.

_ Detailed monitoring must be established in order to

provide the necessary reports on the effectiveness of the

‘Provisions of the law. Each Social Service agency is

‘therefore required to provide the following:

1. A record of the total number of unemployed em-

' - ployable applicants referred for initial registration.

2 A contro! of the number of unemployed em-

- ployable grantees who are required to receive their

: assistance checks at the New York State Employment

ma ae

Ra?

air

mea

Service.

eA record of the number of grantees who fail to

> report to the New York State Employment Service.

__ 5. A record of the number of employables other

than grantees who fail to report to New York State Em-

ployment Service. Please see paragraph Il. E. 5,

6. A report on the effect of employment registration

and services. This information can be obtained by

Exhibit C Attached to Answer.

> amalyzing “Services to Social Services’ Clients”, Form

» BS=28 to determine the fotlowing wspecegranien

-— _ Number of persons referred 10 job.

@) The auanier of unemployed employable persons

(ey The number of “unemployed employable persons

who refuse to: ples

(1) Feport to State Employment Service; |

"(2)" accept a feferral;

“"@) report for employment or training;

(4) or continue employment.

7. Social Service agencies shall also report the ac-

tions taken on the number of employable persons who

fail to cooperate as specified in 6(e) as follows:

(a) ‘Number of cases closed.

_(b) Number of eniployable grantees removed from the

~ grant.

_(c) Number of employable persons gol grantees)

removed from the grant.

(d) Number of persons not reporting for eee cause.

(e) Songer in Cenenpeneny’ status.

(1) Disruption of day care plan;

(2) fully employed;

‘Q) significant illness;

(4) ‘other (specify).

iy Temeorary iliness. eae

“(g) Other (specify).

Exhibit C Attached to Answer.

»-., 8 In accordance with item 1. B. 5. (f), each unem-

«. ployed employable mother shall provide the agency with

te 1 ICRED, of her efforts to obtain suitable care for

_. her children as frequently as circumstances indicate. i.e,

avery rural area where resources are very limited versus

an urban area where further efforts might be productive.

: . The Day Care Certification, Form DSS-1775 is Exhibit

Aa . P

In separated agencies, it will be the responsibility of

the Validation Section of the agency to verify the in-

_ formation provided by the recipient on Form DSS-1775

___ at the time of the prescribed field investigation. In agen-

_ cies that have not yet sepatated, this must be the func-

tion of the caseworker with responsibility for the case.

__ agencies, Form DSS-2192 shall be maintained on a daily

.. basis by Income Maintenance staff. In non-separated

agencies, the DSS-2192 may be maintained by individual

Be caseworkers, who at the end of each month, will trans-

____mit their DSS-2192’s to either the Employment Unit, the

"Maintenance staft who, based upon the sive ns the

ag agency and the specific plan approved by the Area Of-

fice, will prepare Form DSS-2198 using Forms DSS-2192

and ES-28’s. The Employment Register will be updated

from the information on the DSS-2192 All DSS-2192

orms will be filed in the agency for audit trail pur-

Poses. (See Exhibits 10 and 11).

Exhibit D Attached to Answer.

“The original ‘Form: ‘DSS-2198 must be sent to the

Director, Bureau of ‘Local Management Services, 1450

Western Avenue, Albany, New York 12203. A copy of

_ D§S-2198 shall be sent to the Area Director and a copy

ned _by each local Social Service agency.

. ‘ask ttalkiat: puppy of forms, will be transmitted to cach

district as soon as they are printed, subsequently they will be

basis in the tenes manner.

“ Bxhibit D.

STATE OF NEW YORK

‘Department of Social Services

1450 Western Avenue

Albany, New York 12203

George K. Wyman

Commissioner

Transmittal No.: 71 PWD-52

Date: June 28, 1971

ADMINISTRATIVE LETTER

To: Commissioners of Social Services.

Subject: Clarification of. Questions Raised by Local

Districts Regarding Administrative Letter 71 PWD-43.

Distribution: B-2 General Administrative Staff.

In. the course. of meeting with local Commissioners and

their staffs around the State last week, certain questions were

raised regarding Administrative Letter 71 PWD-43, which we

agreed to explore further in Central Office and release the

Exhibit D Attached to Answer.

Fay

answers to all districts in order that there might be a uniform

__ interpretation of these requirements. .

- plementation of the requirements of 71 PWD-43. Should any

fui questions develop, you should contact your Area Of-

e Director immediately.

GEORGE K. WYMAN,

Commissioner.

‘Services Law, Section 131.4 or Social Services Law, Section

164 and is removed from the family budget?

- Answer—Since the grantee is ‘ineligible for assistance for

30 days a new grantee will have to be designated.

When the head of the household is a male, another adult

“in the family will be designated as the grantee.

in children’s care will be made as 4 protective payment.

ige2. If a'recipient has income from other sources, such as

U.1.B., Social Security, etc., is it necessary for an agency to

_Ssue a supplementary grant for the initial period prior to

leit first registration with the New York State Employment

te? a

+ Answer—Since all available income has been. applied

gain # the budget needs to arrive at a budget deficit, which

stl amount the recipient will receive, the agency may issue

#¢ prorated amount to which the recipient is entitled, except

“Mat checks for less than $1 should not be issued.

Exhibit D Attached to Answer.

3. ‘Question—How do you handle payment of rent where

the client has ordinarily been receiving a full month’s rent in

en ee ee

rent? . )

Answer—As an interim measure, for the month of July

only, if the recipient's reporting date is prior to the fifth of

the month, the rent may be included in the check dated July

1, 1971 which he will pick up.at the SES office. If his repor-

ting date is the fifth of the month or later, the rent may be

included in the special prorated grant which all recipients

_who aré required to report to SES will receive. Thereafter, s

semi-monthly check will be issued. Local agencies should

advise the landlords that each semi-monthly check will in-

clude one-half of the month’s rent.

4. Question—tin the case of a new applicant when should

the first check be sent to the SES office?

Answer—The needs of the applicant will be met by a

special check, to be given to him, until his second reporting

date. Such. check may include the rent from the first of the

month or the preceding month as outlined i in the regulations

(352.7 (g) (5)) and Bulletin 134. This does not preclude the

fact that the applicant must report to SES on his first repor-

ting date even though he will not pick up a check at. that

time. an}

5. Question—What do we do in the case of a pregnant

woman who is in receipt of Unemployment Insurance

Benefits and is considered by U.1. B. until her eighth month

-of pregnancy?

Answer—The woman is considered unemployable from

her fourth month of pregnancy by the Department of Social

Services. and will be removed from the unemployed em-

Exhibit D Attached to Answer.

«ployable status. However, in order to remain eligible for U.

_1,B. benefits, she must continue to report to the U. I. B.

_ office until ber eighth month of pregnancy or until she is

classified as unemployable by them.

Saye’,

ia. oes

Pig ig?

ges

Question—How will’ WIN «recipients receive ’ their

: r Public Housing that

“Must be paid within a specified period and if not a penalty

will. be assessed? | | ;

_ Answer—We do not have an answer at this time. The

ion will be discussed with the Housing Authority and if

We ate given an easement, you will be advised at once.

* ~ Question—How are full-time college students handled

when they apply for assistance during the summer months?

inswer—If they report to SES, they are eligible, however,

hey create an impediment to their employability with SES

a prospective employer they are ineligible.

Question—When a client who is an unemployed em-

Ployable moves to another social services district, who con-

‘Wols the reporting and check issuance to the new SES office?

nswer—The social services district which originally had

‘the case must, contact their district Superintendent to ascer-

“tain which SES office the recipient must report to and the

“Mame of the district manager. They must then contact the

“Manager at the new SES office immediately by telephone ad-

Msing them that the client will report to them, and will pick

“MP the check until the end of the month succeeding the

Exhibit D Attached to Answer.

month that the client moved, (Regulation 311.3) obtain the

new. reporting dates and request that all ES-28’s or un-

delivered checks be returned to them. The original social

service district. must also notify the new ‘social services

district that the client is now in their area and explain the

arrangement made with the new SES office, Lastly, they must

notify the client of the arrangements and advise him of his

responsibility to report to the new SES office and social ser-

vices dist that the client is now in their area and explain the

arrangement made with the new SES office and social ser-

vices district office. . .

10. Question—Are uhen Refugees inital in the em-

ployment program? tte

' Answer—Cuban Refugees are not’ included in the em-

ployment program, however, they must be extended all man-

)power services for employment. but their checks. will be

mailed. to.them rather. than. picking them up at SES.

11. ,.Question—Isn't there a danger that the confidential

information concerning names. of people and amounts of

assistance, which will’be on the direct payment rolls at SES,

will be misused and we will be challenged by HEW on the

‘etue’ Of confidentiality?

_ Answet—The Department has shared this problem with

SES. Employment Service offices will cover the rolls with a

template to allow only the individual persons name, address

arid amount of ‘the check to be visible. We have been assured,

by GES, 'ehat'the contidentianty wit! be maintained.

12. Question-—With, the Fequirement of ,baving unem-

ployed employables picking up their checks at local SES of-

_ fices on various days of the month a question has been raised

as to whether a similar change should be made in the

aie of ATP’s for the Food Stamp Program?

‘Exhibit D Attached to Answer.

_Answer—No change will be made in the issuance of semi-

onthly ATP's in the case of unemployed employables.

"Their 8 shall continue to be issued and mailed with all

other ‘semi-monthly ATP’s on the first and sixteenth of the

‘month. ATP’s shall contain no restriction as to cashing in a

“Wgiven ‘month and-shall be valid for an entire month. Local

- shall make such ‘arrangements with their par-

banks.

‘shall be the responsibility of the client to: manage his

“thoney affairs in such a manner as to be able to cash the two

YATP’s he receives in a month from the funds available from

An order to accommodate these procedures, some existing

ntracts between the banks and local districts will have to

? modified to provide for the cashing of ATP’s during

y business day in the month. Furthermore; the banks will

longer be in the position to meet the tenth of the

ving month deadline for filing the required reports

g to the Food Stamp Program, We will have to obtain

eration of the USDA to move back the reporting dates

il at least the twentieth of the month following the month

“activity, |

_ 13. , Question—When an individual case is closed or an

Mdividual is remoyed from the family budget for non-

Pompliance, what is the effective date of the action?

W Aniswer—The effective date is’ the date the action is taken

ich is seven days from the date of non-compliance.

"over ; period into the next month has no significance. What

“8 importar for statistical purposes is the date of the action.

ima"

Exhibit D Attached to Answer.

TANS

e has been closed for non-compliance, appears. af-

the person must complete a new application and follow the

normal routine for applicants. Pasty)

- [fan individual was formerly in receipt of assistance ina

family group, he must sign a certification (see exhibit at-

tached) stating he is willing to comply with the law. He must

also produce ‘an ES-28 before he is included inthe family

15 Question—Do all cases that have unemployed em-

ployables have an “E” ‘suffix to the category?

_ Answer—Yes, except when the only unemployed em-

‘ployable in a family case is not the grantee, the “E”

classification shall not be used on the authorization or in the

‘payment process. The a stance grants will be handled as

“regular ADC or HR which will have the effect of having all

“SE cases as those where check delivery is the responsibility

of the State Employment Service. | |

Of course, mandated reporting requirements must be me

‘by the non-grantee unemployed employable in such cist

Eligibility/Income Maintenance s ff (or in agencies not yet

- separated, casework staff) will < verify» that” non-grantees

«16 Question—What. procedures will the Town Welfare

_ Officers: follow for Home Relief cases that were formerly

.ADC-U-FNP? 9 hae Peavy EEE Loree ee tS ce Me ROS

: : Exhibit D Attached to Answer.

**Answer—The Town Welfare Officer must become

wledgeable of all the requirements in PWD-43 and must

follow the:same. procedures outlined in this release The ac-

“tual processing is a matter that the County Commissioner

“should work out with the Town Welfare Officer so that all

“town home relief checks and statistics become incorporated

into: the county system.

ee 17. Question—When * a person becomes ineligible for

“gash assistance does this affect his eligibility for medical

“assistance and food stamps?

. a ineligibility applies to all types of

48 Quention—What can be done about expediting checks

. hen the County Fiscal Officer refuses to sign checks before

eembia advance is received or no earlier than a time

nty Fiscal’ Officer and arrangements worked out to

fe that the checks are released to SES on time. If the

Sega services official is unable to work out an

: arrangement.

d be noted that recipient checks will be issued on

t of the month and the Local Fiscal Officer is respon-

provide funds for local needs.

Question-—How are Income Maintenance ot Public

Units notified when checks are returned by SES?

4 pounting must prepare a list and submit it im-

| | 10 Income Maintenances in seperated apencica or

is in agencies that are not yet separated.

ane.

| Exhibit D Attached to Answer.

20 Question—When and. where are voucher payments,

dual payee checks and protective payments sent?

Answer—This question ‘will be resolved shortly and you

will ———— 2 DAT He

Exhibit 1.

- “BSs-1799 , Social Service District

Certification for Reinstatement

of Public Assistance Grant

I certify that I am now willing to comply with all

regulations pertaining to the receipt of Public Assistance in-

_ cluding the referral to the New York State Employment Ser-

_ vice: I further certify that I will accept any referral to a job

_ or training program and that I will remain on the job if 1am

“

id eps “Sie Kae Side EM wh is eee ARES

[{ ] ES-28 received from New York State Employment

_ Servic (The ES-28 must. be received before assistance can be

Ge gh ah BRP ee Ate 8 Pee ETS.

Exhibit E Attached to Answer.

_ Exhibit E.

STATE OF NEW YORK

(imprint)

, 6320

1971-1972 Regular Sessions

IN SENATE

April 1, 1971

Ch. 101

dduced by COMMITTEE ON RULES—read twice and

d printed, and when printed to be committed to the

ittee. on Social Services ,

AN ACT

nend the social services law and the labor law, in

ion to public works Projects for employable recipients

home.relief and aid to dependent children

r epic of the State of New York, represented in

| Section oe hundred sixty-four of the sci

having been added by chapter

Peper

LA Sietisth Slice uainss teciov nab td Measedt Tie oid hen be

Exhibit E Attached to Answer.

§ 164. Work relief. 1. As hereinafter provided, em-

ployable persons receiving home relief [may] shall be

required to perform such work as [may ] shall be assigned to

them by. the. [public. welfare ] social services official fur-

nishing such home relief or by the state industrial com

missioner as hereinafter provided.

2. (a) [When the legislative body] The social services of-

ficial of a county, city or town which is tesponsible for

providing home ‘relief shall {determine and direct that]

provide for the establishment of public work projects for the

assignment of employable persons in receipt of home relief

[shall be assigned ] to perform work for such county, city or

town{[,] or for the state, and the head of any department,

bureau, division or other unit thereof may request. that such

persons. be. assigned to his unit. Jn providing for the

establishment of such public work projects, such social ser-

vices official may contract with the state industrial com

missioner for the establishment and implementation of such

projects, for the assignment to them of persons registered un-

der subdivision four of section one hundred thirty-one of

this chapter, and for such other matters deemed necessary,

desirable or convenient for the effective administration of

this section. In the-case of a county [public welfare] social

services district. which »is‘ responsible for providing home

relief within towns or cities within. the county, [such deter-

mination, shall be deemed to authorize. the, assignment, of

such] persons may be assigned to work for the state or any

city, town, or village in the county [within which the depart:

ment is, so responsible], and, the head of any department,

‘bureau, division or other unit of the state or any such city

town or village may request such assignment. In,the.case of #

town which is responsible for providing home. refief within a

town, [such determination shall be deemed to authorize the

Exhibit E Attached to Answer.

assignment of such] persons may be assigned to work for

gy village in the town [within which the town is so respon-

sible}, and the head of any department, bureau, division or

other unit of any such village may request such assignment.

‘The request shall be addressed to the [public welfare] social

‘services Official or to the state industrial commissioner, in

‘appropriate instances, and shall indicate the number of per-

- gons ; who can be used and’ the character of the work to be

The [public welfare] social services official or the

te industrial commissioner shall thereupon assign such

sons in receipt of home relief who, in his judgment, are

Ne to perform the work indicated, provided he is satisfied

at such persons will not be used to replace, or to perform

any work ordinarily and actually performed by, regular em-

loyees of any department or other unit of such county, city

wn, or to replace, or to perform any work which would

a be performed by, craft or trade in private em-

[ nissi oner ] social services official or the state industrial

nissioner, to perform.

‘ b) <The numbet of days of work to. be given. cach person

tae ae ee en

‘fecipient and his family computed on local home relief

get schedules. N6 person shall be required to work for

fe than the number of days necessary to earn such

iit or to be paid more than such amount. No person

I be required to work more than eight hours in a day or

More than forty hours in a week.

a _ Any person who refuses to report for or to perform

J tk to which he has been assigned by the [public welfare]

Exhibit E. Attached. to Answer.

social services official or the state industrial. commissioner

shall thereupon become. ineligible for home relief...

$2. Such law is hereby amended by adding thereto a new

section, to be section three hundred fifty-k, to read as

follows: ita! ait ol ly ,

§ 350-k. Public works projects. 1: Public works projects

meeting state and federal requirements shall be established,

or the establishment thereof shall be provided for, by every

social services district for the conservation of work skills

and/or the development of new skills of parents and other

eligible. relatives receiving aid to dependent children from

2. In providing for the establishment of such projects,

the district may contract with the state industrial com-

missioner for the establishment and implementation of such

projects, for the assignment to them of persons registered un-

der subdivision four of section one hundred thirty-one of

this chapter, and for such other matters deemed necessary,

desirable or convenient for the effective administration of

this section.

3. A parent, or other eligible relative whose maintenance

is included in the grant and allowances, may be assigned to

participate in such a public work project, only if: (a) ap-

propriate standards of health, safety and other work con-

ditions are maintained; —

~"'(b) the number of days work to be given each person shall

be determined in the case of a parent, by the amount of the

grant or allowance, and in the case of such other eligible

relative, by the amount included in the grant or allowance

4° ie Ye Ge

for his maintenance, provided that no person shall be

required to work for more than the number of days

Exhibit E Attached to Answer.

necessary to earn such amount or to be paid more than such

_ @mount, or to work more than eight hours in a day or more

than forty hours in a week;

“(¢) stich assignment would not result’ in the displacement

of r ular workers or in the performance by such parent or

‘telative of work that is being performed by employees of

blic or private agencies, institutions or organizations;

provisions are made to extend coverage to such parent

c under the workmen’s compensation law:

such person is deemed employable tinder the

ns of subdivision four of section one hundred thirty-

of this chapter; ¢

| provisions are made to permit such parent or relative

seek regular employment and/or to secure appropriate

ing or re-training opportunities which may be available.

A parent or other eligible relative required to par-

in a public work project who fails to participate in

rtment, shall thereupon become ineligible for aid to

mt children. —

4 ents correctly made to a parent or other eligible

Hive on account of his participation in a public work

Pate >

ae.

). Expenditures may be made by a social: services

irict on behalf of a parent or other eligible relative par-

Mating in a public work project, only so long as federal

for aid to dependent children shall be extended to such

Exhibit E. Attached to Answer.

(b) Such. expenditures. shall .be. eligible for state. reim-

bursement in. accordance with the provisions of section one

hundred fifty-three of this chapter... .. i a

, 4.3... Section eight hundred twenty-one of the labor law,

as amended by chapter, one hundred twenty-eight of the laws

of nineteen hundred sixty-nine, is hereby amended to read as

follows: . ae nie eer ete

$821, State training. courses. The commissioner may

provide for vocational and related, institutional and on-the-

job training courses as described in section five hundred

ninety-nine of this chapter and for the administration of

public work projects for recipients of public assistance, and

may contract for {this purpose] these purposes with public

and private agencies including public and private institutions

of Jearning, employers or other appropriate organ izations.

He: shall,select for and refer to such training courses unem-

ployed and under-employed persons who would meet the

£24k :

conditions for approval as specified in [such] section five

hundred ninety-nine of this chapter. He shall select and refer

to public work projects all public assistance recipients

registered at employment offices of the department who are

neither referred thereby for employment in the regular

economy or for occupational training, nor°assigned to

public works’ projects: by public welfare officials: made toa

parent ot other eligible*relative on account of his par-

ticipation’ inoa public work: project. *

6” a) Expendimres ‘may be made by a social services

district‘on behalf of a parent or other eligible relative par

ticipating ‘in a public'work project, only so'long as federal

aid: for aid to dependent children shall be extended to such

Bs)

‘Exhibit E Attached to Answer.

_ (b) Such expenditures; shall-be eligible for state reim-

li cishdenninndaneenitihithepurebtonseturedics one

hundred fifty-three of this chapter.

#3. Section eight hundred twenty-one of the labor law,

‘ss amended by chapter one ‘hundred twenty-eight of the laws

een hundred sixty-nine, “i pict seeanmger ean

$821. State training courses. The commissioner may

provide for vocational and related, institutional and on-the-

job training courses as described in section five hundred

Minety-nine of ‘this chapter and for the administration of

publi work projects for recipients of public assistance, and

may contract for [this purpose] these purposes with public

Private agencies including public and private institutions

rning, employers or other appropriate organizations.

¢ shall select for and refer to such training courses unem-

d and ‘under-employed persons who would meet the

nd itions for approval as specified in [such] section five

dred ninety-nine of this chapter. He shall select and refer

enn i at employment offices of the department who are

" referred thereby for employment in the regular

< y or for occupational training, nor assigned to

lic works projects by public welfare officials..The com-

pner may provide for such payments, cither in advance

ty of reimbursement, from funds made available. to

€ purposes of this article, as he deems necessary.

44 I Thi at sal ake tet ly nineteen hundred

Exhibit F Attached to Answer.

Exhibit F.~

STATE OF NEW YORK

Department of Social ‘Services

1450 Westertr Avenue’

Albany, New York 12203

GEORGE K. WYMAN

UES Commissioner

Transmittal No.; 71 PWD-48

Date: June 15, 1971

ADMINISTRATIVE LETTER...

_ To: Commissioners of, Social Services

‘Subject: Public Work. Projects

Distribution: B-2 General Administrative Staff

1,. A. LEGAL BASIS

Chapter 101 of the Laws of 1971, amended Section 164 of

the ‘Social ‘Services Law to require each social services

district to ‘provide for the establishment of Public Work

Projects for the assignment of employable persons on home

relief. In establishing the Publi¢ Work Projects, a social ser-

vices district is authorized to contract with the state In-

dustrial Commissioner for the® establishment and im-

plementation of the projects and for the assignment of per-

sons, if the Industrial Commissioner is agreed to such a con-

The amended law further requires that all employable per-

sons receiving home relief are to perform such*work as shall

be assigned to them by the social services official or by the

state Industrial Commissioner.

Eshibte F’Acached. id Answer.

B. PURPOSE

1. The mandated development of Public Work Projects as

: specified by Chapter 101, provides for an expansion of

_ Opportunities for work in such projects for those

_» fecipients who have been unable to secure employment

te in the regular economy. It is anticipated that em-

_ ployment on Public Wérk Projects will have a positive

= on the attitudes and morale of the participants

and will also have a beneficial effect on their families.

c Work Projects shall provide the following:

ork experience in preference to inactivity, while also

viding work training for the inexperienced;

aningful work for the recipient, while providing

aningful service to the public;

) The conservation and/or the development of work skills

“in order to maintain recipients’ employability, thereby

enabling participants to move from the Public Work

into the regular labor market.

plementation of amended Section 164 of the Social

ices Law in no way relieves the social services

rict from its responsibilities. as specified in Section

4 of the Social Services Law to requife all em-

able applicants and/or recipients of assistance to

ort initially and semi-monthly thereafter to the State

iployment Service Office for Manpower Services and

lacement. Neither is the recipient relieved of his

ody ibilities as specified in Section 131.4 of the

al Services Law to report initially and semi-monthly

“in er to the State Employment Service and in the

stance of a grantee to pick up his public assistance

ant at the State Employment Service Office.

Exhibit F Attached to Answer.

C. TYPES OF PROJECTS

Recipients may: be. assigned to work for State or any city,

town or village in the county (See SSL Section 164).

Projects. generally, w will fall within. four broad. areas:

1. ‘To maintain or to develop adequate work habits. Exam.

ples of such’ projects would be as follows:

(a) simple maintenance of recreation areas, roads,

parks, office buildings, pick-and-shovel work, etc.

(b). routine general office and clerical work, such as

filing, simple record keeping, etc.

&> institutions, on playgrounds, etc.

ee ee,

To maintain and to improve existing skills, Examples of

such projects would be:

(a) improvement of recreation areas and facilities, auto

» mechanics, building maintenance, etc.

‘(b) provision of service ifthe recreation field, food ser-

_ vice field, ete.

(¢) office and clerical work, including typing, stenog-

- taphy, bookkeeping, etc.

3. To develop new skills. Examples of such are:

_ skilled office and clerical positions,

skilled appliance and equipment repair,

skilled food service trades.

4 Projects of special interest to the local government.

Such projects could be an amalgam of the Sbove three

53 but would be primarily focused on sich speci ine

Exhibit F Attached to Answer.

“ger as: improving | the environment, cultural activities

beautification of roadsides, parks, etc. Other kinds of

a activities of a specialized interest area might be in the

Food on the Table Program.

Although such projects specified under. No. 3 would be

Generally to provide higher skilled type training, it would

‘fot be considered replacement of regular employees, since

individuals participating in’ such projects would be working

a ng with the regular employee, ‘gaining the necessary ex-

“perience and training in the specific area.

D. ‘GENERAL REQUIREMENTS FOR OPERATION OF

rine Work Projects shall meet the following minimal

fequirements:

a ‘Reasonable assurance and be performed in such a man-

ner to insure that the work is useful;

_ Persons assigned to such projects will not be used to

_ feplace, to perform any work Ordinarily and actually

Ze. performed by regular employees of any department or

__ other unit of government, or to replace or to perform

a Ly work which would ordinarily be performed by craft

~8E! trade in Private employment. (In the event of an ex-

4 ao emergency, such as a flood, fire, etc., such a

; riction could be waived so long as the work to be

_ performed was work aged undertaken by the _—

tor of the project. =

Appropriate standards of health, safety and other con-

tions are established and maintained. Participants

uid be given adequate protection against hazards or

rities which would adversely affect their health;

100

4. Sanitary facilities should be supplied or available, and a

basic ‘standard: of ‘cleanliness be maintained;

say iht

ant “shall be required to perform only those

| activities which are within their established

x aes

_., man's, Compensation Law, of, the State of New York.

8. Adequate time récords shall be kept by the sponsor;

9: There shall be no discrimination on the grounds of

race, color or national origin; ;

10. ‘A recipient shall be required to work the number of

days as determined by the amount of the grant, provided

he shall not be required to work for more than the num-

ber of days nece sary to earn such an amount or to be

paid more than such an amount, or to work more than 8

hours in a day, or more than 40 hours in one week, or

the customary full work week of the employer, if less.

Payment credits for work shall be made at the State

_ minimum wage or at the wage paid to local government

employees in the. classified ‘services for comparable

11. Where practical, the participant's work should be %

___ scheduled so as to make time available for him to report

to the State Employment Service and to look for em

, BS 3 53

‘ployment, as well as necessary time to meet with

“such scheduling is not practical, a system of release tim

to accomplish these pruposes shall be provided.

101

Exhibit -F Attached to Answer.

°42. Whenever a recipient fails, without good cause, to com-

at ply with the requirement ‘to’ accept referral to and par-

bial Nt

2 . for Home Relief.

a biccuue of, Social - Services will have the

win; responsibilities:

Develop.a sufficient number and variety of Public Work

Projects within their district to insure the availability of

such a project for:all of their unemployed employable

Home Relief recipients who have been unable to secure

employment in the regular economy.

2 Assign to Public Work Projects those recipients for

_ whom S. E. S. have been unable to place in the regular

_ economy after 30 days from the date the recipient first

Geos assistance.

(Alternate) If the S.E.S. opts to contract to Operate the

iblic Work Projects in the district, the S$. E. S. would

etn the individual to the appropriate project and so

notify the social services district.

‘Monitor the participation of the individuals and take

ppropriate action when an individual fails to report to

Public Work Project, or fails to continue to par-

pate in such projects.

vide a ‘pre-placement physical whenever there i ‘is any

son to suspect a health problem or whenever an in-

idual requests such an examination.

ve transportation or meet the cost of. trans-

‘Pertation to a central point and provide necessary

“Btants and allowance for lunches.

10.

F;.

‘{a) the nature of work to be performed,

of ers.or other caretakers who are participating in

: “the program. The cost-of,such child care shall be met as

Mt Apyechaec of Service” .

. Move as rapidly as possible to. place. all of their unem-

“ployed employables, who are unable to secure em-

85 vs in the regular economy or who are not in an

ip training program after being on assistance for

30 days, into Public Work Projects, as follows:

(a) By October 1, 1971, a-minimum of 30%

(b) By November 1, 1971, a minimum of 50%

_(c) By December 1, 1971,-a minimum of 70%.

Inform the appropriate S. E. S. office of the location

and .work.component of each Public Work Project

ilable in the social services district.

Designate at least one staff person to act as coor-

dinator/liaison for the program. Such person would be

. -fesponsible.for recruitment of sponsors and in general

; forthe program in the district. For those districts having

WIN unit.

jects shall adhere to general

a WIN Program, this function might be handled by the

Submit to the local social services district (or to the In

dustrial Commissioner where contractual arrangemen!

has been made) a description of the Public Work Project

which they ate prepared to operate, includjng:

103

Exhibit F Attached to Answer.

eg (by guarantees: ‘that thie. ‘general requirements are met,

6) agreement | to provide necessary supervision and any

ae additional equipment required by the project.

eo ‘ Maintain time records as noted previously which will

& include:

-» (a) the name of the spotting: agency,

x (b) participant’s name, social security number, and

- social services case number,

: ia ‘oO ‘the type of work performed,

: _.@) the period covered by the time report,

, -) the exact time the participant was on the job, and

Pais prevailing rate per hour for the job.

Transmit such time records to the social services district

a regular basis. (Where a contractual arrangement

exists with the Industrial Commissioner, such time

Tecords shall be transmitted to the Industrial Com-

Smee notification to the appropriate agency of a par-

pant’s absence, saiapatiuaen aneh abeenan.ie on a pre-

planned basis. =

Provide transportation for ‘ecaphenty from a’ central

bint to the individual Public Work Project site.

ervisors of such projects shall be required to report

vag or injury to the appropriate administrative

1 V8 participant is is linaest from the satiiadi wecmitie of

ss’ Or injury, the sponsor shall require medical

ion of the participant's ability to work, in ac-

104

cordance with, the same,rules-as-apply to regular em-

» arieation 16 to Be tad by the Social servi se diatri

under the MA ‘Program. ps ROLE YS

% Pr wide the peopetite | sininistrative & wads

either the social services district or the Industrial Com-

missioner, with periodic reports as to the individual’s at-

tendance, participation, attitudes, etc., as may be

9. Provide the tools and equipment needed by the par-

10. Provide: participants with necessary items of special

clothing required ‘by, the nature of the. project; ie,

“hard” hats, safety shoes, foul weather gear, etc.

The. Law regarding Public Work Projects becomes ef-

fective July 1, 1971. Revised regulations and page

replacements for Bulletin. 26 will be issued shortly.

li. Procedure -

‘ocal Social Services districts were advised in 71 PWD-

34 and 71 PWD-43 to screen their current caseload to

identify. employables prior to, July 1, 1971. If Home

Relief Employables cannot be, identified from this

~ roster, it will be necessary to set up a separate Home

105

Exhibit F Attached to Answer.

. The ‘Use of Social Security Numbers

pelt a is. essential. that Social Security numbers be obtained

quickly since unemployed employables must have a

- Social Security number in order to become employed.

Should the employable not have a Social Security num-

ber, the procedure outlined in 71 PWD-43 for eet

* “(page 10, Item 2),’ shall be utilized.

5): Sa

Referral to State Employment Service

Unemployed employable Home Relief recipients shall

be referred to the New York State Employment Service

~ for regular reporting for services and check delivery in

@ *sccordance with the procedure outlined in 71 PWD-43.

Dd. Assignment to Public Work Projects

When an employable Home Relief recipient has been in

_Feceipt of assistance for thirty days and such recipient

_has not been placed in employment by the State Em-

loyment Service, he shall be assigned to a Work Relief

Project by the local Social Services district.

Iternate _Procedure—When..a local. Social Services

district has contracted. with the State Industrial Com-

-Missioner to operate. Public Work Projects, the unem-

_ ployed employable Home Relief recipient will be placed

_in a Public Work Project, directly. State Employment

‘Service will use Form ES-28, “Services to Social Services

Applicants,” to notify Social Services districts of such

acement. ™ |

plication of Sanctions

- al Social Services districts are required to take im-

iate action to either remove the unemployed em-

oyable Home Relief recipient from the total budget or

‘Regulation’ 385.14 fot @eterinination ‘of good ‘cause.

The State Department of Social Services will supply

Form ‘DSS-1784 (See Exhibit 1, attached), “Notice of

Failure to Report or Continue to Participate in Public

Work» Projécts” Local districts shall make @ supply

guaitable-toveach Public Work Project. supervisor in

theiridistrict for ase in:notifying the district of an unem-

ployed employable’s failure to report oF continue to

participate in a Public Work Project (except where such

absense is pre-planned).

“Unemployed employable recipients who refuse to report

~ t0, or continue to participate in a Public Work Project

_ must be advised immediately that they are not cligible

"for public assistance and that they will be removed from

the budget, or in the case of single individuals, their case

relating to fair

“jnvterviews must be ob-

Detailed monitoring must. be. established, in order 1

provide the necessary reports on the effectiveness of the

“ “provisions of the law. Each Social Serviees agency

"therefore required to provide the following:

E :

ee +

225

107

Exhibit F Attached to Answer.

>: record of the total number of unemployed

employable Home)Relief recipients by grantee

and other than grantee.

A record of the total number of Work Relief

slots available in the district.

A record of Work Relief slots filled by grantee

and other than grantee.

A record of the total number of unemployed

» employable. Home Relief recipients assigned

to a Public Work Project who failed to comply

with provisions of the law as follows:

(a) Number of persons who failed to report to

a project by grantee and other

than grantee.

(b) Number of persons who fail to continue to

participate in, a. Work Relief Project by

grantee and other than gréntee.

. A-record of the actions taken on the number

of persons placed in a Public Work Project

who failed to comply with the law as follows:

(a) Number of cases closed

(2D) Failed» to comply (HR single case

_paeatphe

_ (2) Fully émployed.

ah ~~ (b) Employable | removed from grant

by grantee and other than grantee.

than grantee due to a:

108:

_ Exnibit’ F Attached to’ Answer.

(1) Change invemployabitity status

oh sig - Because of a disruption in Child

_». Pally Employed.

od Omierapecity.

(2) Temporary: Iliness.

(3) Other—specify.

a 6. A record of Work Related Expenses broken

FO ud, et eae

@) Medical Examinations (includes pre-place-

ment physical examinations and the cost

of examinations required by sponsors of

Public Work Projects as a prerequisite for

a recipient's continuing in a Work Project

‘after being off the job because of a pro-

“Jonged ifiness or serious injury.)

Ft “(by Day Care Expenditures for Work Relief

i ae x ffion iceiins er Yonch Expenses for

Work Relief Project participants.

NOTE: These-expenditures will continue

to be claimed on the appropriate

_ A record of the total net budget reduction

caused by the closing Of cases or removal of

employables from grants.

109

Exhibit F Attached to Answer.

a ob. On a quarterly basis

ip A fisting of Public Work Projects in operation in

the district by Program Sponsor, Project Activity,

“number of slots available and number of slots

filled.

Local Social Services districts shall record the data

necessary to meet the statistical requirements in Section

F.a. on a DSS-2192, “Income Maintenance Section

Analysis of Employment Referral Actions”, in such a

manner as to identify action taken because an unem-

ployed employable Home Relief recipient failed to com-

ply with the law.

In the first column for case number and category, enter

HR-WR or if the agency wishes, the entry may be in red

or the HR cases might be segregated in order to assure

correct statistics.

In separated agencies, Form DSS-2192 shall be main-

tained on a daily basis by Income Maintenance staff. In

non-separated agencies, the DSS-2192 may be main-

tained by individual caseworkers, who at the end of

each month, will transmit their DSS-2192’s to either the

__ Employment Unit, the Resource Unit, the Category Unit

_ or Income Maintenance staff who, based upon the size

_ Of the agency and the specific plan approved by the

Area Office, will prepare Form DSS-1773 using Forms

_ DSS-2192 and DSS-1784's.

All Social Services districts must report the specific in-

formation required in Section F.a. by the tenth of the

month following the month in which the action oc-

| curred. The required form for this purpose is DSS-1773,

“Monthly Report of Work Relief Program Referrals”,

110

Exhibit F Attached to Answer.

is attached (See Exhibit 2).°The original of ‘Form DSS-

1773, must, be. sent, to, the Director, Bureau, of Local

Management Services, 1450, Western Avenue, Albany, N.

~Y, 12203. A. copy, shall be sent to the Arca Director and -

a copy retained by each local Social Services. agency.

_, Local, Social Services, districts must report the specific

| information required in Section F.b. by. the, tenth of the

month following the closing of the quarter, A required

. form for this purpose, DSS-1792, “Quarterly Report of

_ Public Works Program”, is attached (See Exhibit 3), The

original of Form DSS-1792. must be sent to the Director,

Bureau of Local Management Services, 1450 Western

Avenue, Albany, N.Y. 12203. A copy of Form DSS-1792

shall be sent to the Area Director and a copy retained by

each local Social Services agency. |

An initial supply of forms will be transmitted. to each

district as soon as they are printed. Subsequently, they

will be tequisitioned in the usual manner. |

GEORGE. K. WYMAN,

. Commissioner...

; P,

117

Exhibit G Attached to Answer.

naueanet

esrare DEPARTMENT ‘OF ‘SOCIAL SERVICES

= ALBANY, NEW YORK

to the provisions of sections 20 and 34, 131 and

att a Barry L. VanLare/Acting

:. RR of the Social Services Law, 1, Goorge-K.

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